The Solicitors Regulation Authority’s (SRA) Price and Service Transparency Rules require us to provide information about our prices to you in relation to claims for wrongful dismissal (breach of contract) and unfair dismissal in the Employment Tribunal.
This firm is regulated by the SRA under number 464642
Unfair / Wrongful Dismissal Price Transparency
We know that legal fees can be daunting, so we keep things as simple and as affordable as possible by offering a selection of routes to fund your legal case.
There are many potential payment options which include:
- Paying hourly: You may wish to do some of the work on your case yourself and if so, you can pay for our services hourly. Hourly rates will depend on the experience of your solicitor and your location.
- No Win no Fee also known as a damages-based agreement or conditional fee agreement. This is by far the most popular option. Our standard rate is 30% plus VAT ( 20%) . This means that if we achieve a successful outcome, you keep the net amount of the compensation after deduction of our fee and VAT at 20% . If there is no money recovered, there are no charges in respect of our fees (disbursements will still be payable).
- Fixed Fee Where prospects of success are less certain or in complex cases it may be appropriate to offer a fixed fee. This means that the fee cannot be varied up or down (regardless of the outcome of the matter) and is fixed in nature. The level of the fee will be discussed on each individual case.
- Insurance: It is quite common for home insurance policies to include an element of cover for legal fees relating to employment disputes, so it’s always best to check your policy before speaking to a solicitor.
At the outset of your case, we will discuss the range of funding options available to you in pursuing your employment claim. Each case is different and as such it is difficult to predict exactly how much a case will cost you from start to finish because that would depend on the complexity of the case ( see below for the factor which can affect this) . However, we will discuss your individual needs with you at the outset. Each case is subject to a merit assessment.
Please note, this is not intended to be an estimate or a quote. The price you will pay for representation in each case will be discussed individually and an indication of the price, based on the individual circumstances, will be given at the time. It will be revised when and if necessary as the case progresses, and may increase if there are unforeseen complexities
NO WIN NO FEE representation:
As stated we do offer no win no fee arrangements sometimes known as ‘damages-based agreements’ or DBA. This method of funding arrangement will depend on the individual case circumstances as to whether we can offer this for your specific employment claims for wrongful / unfair dismissal. Each case will be subject to a merit assessment.
We will carry out a free initial assessment in taking a decision on whether we can offer this way of funding on the particular case. There will be no charge for this initial assessment. We aim to carry this out within 14 days of being provided with ALL of the required information from you.
If we agree to take the case on for you on this basis we shall work for you on a no win no fee basis, on an interim basis at least, on the basis that if you are successful, by which we mean you recover an amount by way of settlement or award from your opponent / employer or a tribunal respectively, we shall accept a fixed fee of up to 30% of any such award plus VAT which is charged at 20%.
If you are successful in recovering compensation on your behalf, our fee of 30% PLUS VAT at 20% would be payable at the conclusion of your case, once you have received payment from your employer.
This will not apply if you withdraw from the case against our advice and/or agreement. We reserve the right to review the funding throughout the case.
If we cannot offer this method of funding we will discuss the reasons and the other options open to you.
PLEASE NOTE Even under no win no fee, even if the case were to lose, you would remain responsible for the cost of any ‘disbursements’ (see below) which you would have to pay as and when they are incurred.
It is important to note when deciding on how you wish to fund your potential claim that many cases settle prior to a final hearing and the in those cases the pre-litigation costs for negotiating a settlement generally range from around £300-£5,000 plus VAT (depending on how matters progress and the amounts in issue), but can exceed this where we achieve a high settlement value for example, if we achieve £50,000 for you, at 30%, then our fee would be £15,000 plus VAT at 20%.
Of course, should you not be successful, if we are acting on a no win no fee we do not get paid and our professional charges ( not disbursements) are waived, subject to you having reasonably co-operated with us and provided us with accurate and truthful instructions. You will still be required to pay disbursements.
Approximate cost of pursuing a claim for an unfair or wrongful dismissal Claim
Low complexity claim: : £1,500-£5,000 (plus VAT 20%) –
Medium complexity case: £5,000 -£15,000 (plus VAT 20%)
High complexity case: up to or over £40,000 (plus VAT 20%)
If the matter is privately funded, we charge based on an hourly rate which varies depending on the member of staff dealing with your matter. Our lowest hourly rate is £350 (plus VAT at 20%) as both our employment solicitors are Grade A Solicitors as set out below. The seniority of the members of staff dealing with your case will depend on its complexity. We will discuss this with you when you instruct us.
Factors that could make a case more complex include:
- Amending claims and/ or providing further information in an existing claim;
- Adding a new claim, joining new parties to the proceedings;
- Factual dispute about the sums owed;
- Making or defending applications during proceedings;
- Complex preliminary issues – for example, the employment status of the individual bringing proceedings or questions of jurisdiction;
- Making or defending a costs application;
- The evidence available;
- The number of witnesses;
- The evidence available and the number of documents; and Problems linked to disclosure of documents, admissibility and requests for specific disclosure.
- if it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
- Defending claims that are brought by litigants in person
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal
There will be an additional charge for attending a Tribunal Hearing which would be calculated with reference to the hourly rate plus VAT at 20% we would estimate for final hearings that this is 1 – 3 days depending on complexity.
Grade of Fee Earner
- Grade A (Solicitor with 8 years + Post Qualification Experience) – £350.00 per hour.
- Grade B (Solicitor/Legal Executive with 4 – 8 years Post Qualification Experience) – £250.00 per hour.
- Grade C (Solicitor/Equivalent with up to 4 years Post Qualification Experience) – £161 per hour
- Grade D (Trainee Solicitor/Paralegal/Equivalent) – £118 per hour.
We add VAT at 20% to these Hourly rates being the rate that applies currently in the UK to the total of the basic charges. Our VAT Registration Number is 920 3550 58.
Disbursements for barristers / expert fees etc would be payable in addition to the above fees these may also be subject to VAT at 20%. See the disbursements section.
Who would deal with the Claim:
At this firm we have the following Fee Earners who deal with and have experience of Employment cases:
Nicola Roberts ( Grade A Solicitor )
Paul Roberts ( Grade A Solicitor )
VAT:
We add VAT at 20% to the hourly rates as set out / fixed fee being the rate that applies when the work is done, to the total of the basic charges. Our VAT Registration Number is 920 3550 58.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees, barristers or expert’s fees and courier charges. We handle the payment of disbursements on your behalf to ensure a smoother process but will need to be placed in funds in advance unless prior agreement is made for another source of funding.
Barrister’s fees vary considerably. For a simple unfair dismissal claim, you should expect to pay at least £550 (plus VAT) per day (depending on the level of experience of the barrister) for providing representation at a Tribunal Hearing. . For hearings of more than one day, a barrister will charge a brief fee and an additional ‘refresher’ fee for each day that they have to attend the hearing. They usually charge travel costs as well as VAT on top.
As a general rule, the more complex the case the more senior the barrister and the higher the fees. For hearings of more than one day, a barrister will charge a brief fee and an additional ‘refresher’ fee for each day that they have to attend the hearing. They usually charge travel costs on top.
Barristers Fees on NO win NO Fee:
We may not be able to find a suitable barrister who is willing to act on CFA / No Win No Fee or you may decide that you do not wish to pay a success fee to the barrister. If so, it will be necessary to instruct the barrister on a private basis which means that you are liable to pay their fee in full, Win or Lose.
- If you Win, you will remain liable to pay their fees in full.
- If you Lose, you must pay the barrister’s fees in full.
On average costs for a barrister to represent in an Employment Tribunal hearing range from £550 plus VAT (20%) per day and can be up to around £3000 – £6000 plus VAT at 20% for a 1 – 3 day hearing (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)
As a general rule, the more complex the case the more senior the barrister and the higher the fees. For hearings of more than one day, a barrister will charge a brief fee and an additional ‘refresher’ fee for each day that they have to attend the hearing. They usually charge travel costs and VAT on top.
This would be discussed prior to instruction and agreed by you in advance and can vary depending on the complexity of the case and experience of the Barrister instructed.
Key stages
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
- Preparing claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- preparing or considering a schedule of loss
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- preparing bundle of documents
- Reviewing and advising on the other party’s witness statements
- agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel ( whose fees are dealt with separately)
The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
Our hourly rates are set out exclusive of VAT. Our rates may be increased each year.
If we are instructed to attend a Tribunal Hearing or an interim Application then there will be additional charges for our attendance at the Tribunal that would be calculated with reference to our hourly rate as set out herein plus VAT at 20%:
Generally we would allow 1 – 3 days for a final hearing depending on the complexity of the matter and 1 -2 hours for an interim hearing but these costs will be discussed on a case by case basis.
Advising on Settlement Agreements
In cases where you have been offered a settlement agreement, your employer will almost always contribute towards your legal costs. We guarantee that we will not charge more for advising on the terms of the settlement agreement than what your employer is willing to contribute. These costs are normally between £250 to £500 plus VAT at 20%.
If you wish us to negotiate the actual settlement for you if this has not already been agreed the fee for this would be discussed separately.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take as little as a few weeks . If your claim proceeds to a Final Hearing, your case is likely to take 6-9 months, but since covid it can take longer to get a hearing date due to court backlogs and so this can take longer than we have set out depending on the individual Court / Tribunal .In complex cases, for hearings to be listed it can sometimes take as long 18 months after the dismissal takes place for the matter to be heard.
This is just an estimate. During the process, we would provide you with a more accurate timescale when more information is available and as matters progress. If unforeseen complexities arise, then we will inform you and provide a revised estimate.
Opponents Costs:
In respect of your opponent’s costs, the general rule in tribunals is that it is non-costs bearing interpartes (between the parties). In other words, if you lose, as a general rule of thumb, you do not pay your opponents legal or other fees.
There are some exceptional circumstances in which a tribunal may order costs against a losing party. Please be aware of this. We will advise you if there are any costs threats made by the opponent or if we feel that there is a risk of this as this arises throughout the proceedings.