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London, Surrey & Hampshire
01737 854500
Employment
This information on costs and timing is provided for guidance only. It is not a quotation. We shall be pleased to provide information relating to a particular matter on request. Every client will receive a letter of engagement and terms of business setting out our terms and costs based on your needs and the specific facts of the case.
We are obliged to provide you with our pricing for bringing and defending claims for unfair or wrongful dismissal as set out below. An employee dismissed by their employer may have a claim for unfair dismissal. They may have a claim for wrongful dismissal if their employer fails to provide the relevant period of notice or a payment in lieu of the relevant notice period. A wrongful dismissal claim can be filed in the county court instead of at employment tribunal. We can discuss the pros / cons of the two venues with you and have set out our fees for recovery of debts in the county court.
We can assist you with making and defending any tribunal claims and will provide you with either a costs estimate or a fixed fee option for the particular work that you instruct us to do. We will occasionally act for a Claimant in a damage based agreement (see glossary).
You should immediately and urgently check any current insurance policy that you hold as it may provide you with legal expenses cover (individuals typically will have such cover in home contents insurance cover). Please note that if you do have cover in place and take action without having informed your insurance company, any legal expenses cover may be void.
Our charges for any work we do will be based on hourly rates. Our hourly rates for advising on tribunal matters are as follows:
Our team are experienced in delivering high quality work in all matters relating to employment law and is ranked in both Chambers’ Legal Directory and the Legal 500. We are mindful of the need to ensure that our advice is cost effective. Therefore the work you instruct us to do will be undertaken by one of our specialist employment solicitors, based on the level of expertise and complexity of the work, supported by a paralegal where appropriate e.g. in the preparation of document bundles or more routine communications.
Regardless of who works on your matter, they will be supervised by Mel McCrum, Partner Solicitor and Head of Department.
At the beginning of the process, we will meet with you to discuss the tribunal claim or defence (depending on whether you are the Claimant bringing the claim or the Respondent against whom the claim is made) and the extent to which you require our assistance. After that meeting we will provide you with our fees for what we anticipate the work will cost for your particular case. Each case is different and it is very difficult to tell at the outset what your total costs will be.
If the work transpires to be more complex during the process, we will notify you if the fee estimate is to be increased and seek your approval before carrying out further work. We will keep you regularly updated on costs throughout the process. You will not usually be able to recover these fees from the other party even if you win.
We have set out below the key stages of tribunal proceedings and, based on our experience, the likely range of costs you could expect to pay for those stages. You may not need our advice at every stage perhaps because you decide to do this yourself or because it is unnecessary; not every claim has a preliminary as well as a final hearing and it is often the case that the claim will settle prior to the final hearing. We have set out below some of the other factors that will affect these costs and could result in your fees being at the top end or even higher than the ranges we have set out.
Your legal fees for the likely work to be expected in typical cases of both unfair dismissal and wrongful dismissal for Claimants and Respondents can be broken down as set out below for the key stages of each claim. Any work outside the basic scope of each stage will be charged at our hourly rates although we will give an estimate of these fees when we can. It is likely that fees for a wrongful dismissal only claim, will be lower than those for an unfair dismissal claim as it is usually much more straightforward. It may therefore not be cost effective for you to instruct us in a wrongful dismissal claim on a full retainer basis (where we conduct the case for you and appear on the tribunal record as your solicitors).
For either or both claims, as they are often filed together, you may instruct us for every stage or you may only require our advice for some parts of the proceedings on a ‘pay as you go basis.’ This is called an unbundled legal service and we will tell you if we think it is appropriate to offer it to you and agree the costs with you.
It may be this work is required for any preliminary hearing and only require tweaking prior to the final hearing. It will be undertaken by your solicitor in the employment team or, where for example, the matter is more complex or it is cost effective to do so, by Counsel. Counsel’s likely fees are therefore taken into account here.
The hearing may be listed for a couple of hours, particularly if it is a wrongful dismissal claim for notice pay only. It is not unusual for an unfair dismissal claim to extend over 3 – 4 days.
f a settlement is reached during pre-claim conciliation (see glossary) this will be within 4 – 6 weeks of the Claimant first contacting Acas. If no settlement is agreed, tribunal proceedings can then instigated by the Claimant. It is likely to take around 2 – 6 months for any preliminary hearing to take place and a further 3 – 12 months to the final hearing.
We will give you a more accurate timescale for your own particular case once we have more information and as the matter progresses. Much depends on the employment tribunals (which can take several weeks or even months to process paperwork) and the co-operation of the other party, over which we have no control. Cases that have several witnesses and so require a hearing of several days will wait longer for hearing dates. Most claims settle before the employment tribunal final hearing.
“Disbursements” are costs we incur or pay to a third party on your behalf. Items forming part of our service are subject to VAT at 20%. Items which are paid out on your behalf as agent and do not form part of our service are deemed to be classed as a disbursement for VAT purposes, and therefore outside the scope of VAT.
We would usually expect to incur some or all of the following disbursements. This is not an exhaustive list, because every case is different:
Barristers are called “counsel”. They are specialist advocates who conduct trials. If a barrister is required, her fee will depend on how experienced she is and how long the hearing is due to last.
Counsel’s fees are estimated to be between £1,000 (plus £200 VAT) to £6,000 (plus £1,200 VAT) per day (depending on the experience of the advocate) for attending a Tribunal Hearing (excluding preparation). Generally for a straightforward case you would expect to pay up to £2,500 (plus £500 VAT) per day. Preparation will generally be charged on a time spent basis and the time taken will depend on the complexity of the matter. Counsel’s hourly rates are estimated to be between £150 (plus £30 VAT) and £750 (plus £150 VAT) depending on the experience of the advocate.
We will charge you for photocopying, at 5p per sheet for a black and white A4 page, 25p A4 colour, 10p A3 BW, 50p colour (most commonly for the preparation of bundles for the hearing which is usually the Respondent’s responsibility).
VAT is added on to the cost at 20%, so 100 pages of black and white photocopying would cost £5, plus £1 VAT.
If we need to obtain documents from Companies House we will pass on to you the cost of this service, which varies depending on which documents are applied for. Companies House fees do not incur VAT.
If it is necessary to send documents urgently to counsel, an expert or a witness we will charge you for the cost of the courier. The cost depends on the urgency, the weight of the package and the distance. Courier fees incur VAT at 20%.
There are currently no tribunal fees although this is currently under review by the government.
We may occasionally need to instruct an expert to prepare a report (they would not usually be expected to give evidence at tribunal) in support of your claim or defence. The expert’s fee will depend on the amount of work she is required to do and usually this will be a fixed fee. In unfair or wrongful dismissal claims we may instruct a forensic accountant to value a complex pension scheme.
We may charge you an “onboarding admin fee” of £25 + £5 VAT per person. This is to cover the amount that a third-party online provider charges us for conducting anti-money laundering ID checks necessary to set you up as a client.
To assist you we set out below some definitions for some of the common terms used in unfair dismissal and wrongful dismissal claims.
If settlement is not agreed, a Claimant can only issue a claim in the Employment Tribunal once they have been issued with an ACAS certificate confirming that the pre-conciliation process has concluded.
It is quite common for settlement discussions to take place after the Claimant has made their claim. It is then just called conciliation, not pre-claim conciliation.
Even if you do not win, you may have to pay our fees if the funding agreement is terminated. We will explain this to you if we offer to fund your claim.
We will assess your claim before deciding whether or not we can fund it and will charge you for this assessment either on our usual hourly rates or for a fixed fee. How much the assessment will cost depends on the complexity of the case. Assessing a straightforward claim might cost in the region of £600 -£1,500 plus VAT in addition to the initial review of the documentation.
We will only offer to fund your claim for you if a funding arrangement will be in your interests and will meet your needs. This is a complicated area and we will discuss it with you on a case by case basis.
Under a DBA either you pay for the disbursements or we may fund them for you. If we fund them for you it may increase the overall cost of your claim.
This information is not detailed nor is it specific to your case. If we offer to fund your claim, we will provide a comprehensive explanation tailored to the specific circumstances of your claim.
“Elizabeth Maxwell and Amber Fraser were exceptionally helpful, flexible and did exactly what was needed. Really appreciated all their efforts under a very tight timescale.”
“Mel McCrum took my case and was totally diligent and dealt with the situation in the most professional manner. I am delighted with the outcome and I’m pleased that I used Morr & Co. ”
“I highly recommend Francesca Wild for her exceptional support in a complex grievance, disciplinary and whistleblowing case. Francesca and paralegal Armadeep Sandu were kind, patient and professional, providing clear, sympathetic guidance.”
“Feeling frustrated and stressed following a company takeover, the calm and professional way my enquiry was handled and the subsequent advice I received helped me feel confident to deal with my new employers to resolve the situation.”