Fees & Funding

Our Fees – Range of Costs

Fees & Funding – Employees

It is difficult to offer “menu pricing” in respect of our fees. In our experience, no two claims are alike and all claims will have a different final cost. What must be considered is that a case for an employee may be satisfactorily resolved with a very low initial cost. Some settlements can be obtained with no cost whatsoever to a client as it is normally the case that an employer pays the legal costs in that case. We are normally able to provide a service to “suit every budget”. We can also offer a “no win, no fee” agreement should it be appropriate or where we wish to ensure we fulfill our goals relating to providing justice to the local community.

Please note only a small number of our cases end at the employment tribunal. Most end with a settlement for our client. Some of course can end without a satisfactory outcome if our client’s case is too weak or not worth the legal fees to pursue. Of course we will always seek to advise on these issues at the outset of the case.

However, in order to comply with the requirements of our Regulator (the Solicitors Regulation Authority or “SRA”), we set out the following “menu pricing” for typical employment claim fees and also an estimated range of costs for bringing a case from the start right to a tribunal judgment.

An unfair dismissal case can only be brought by an employee with 2 years or more employment history. A wrongful dismissal can be brought by either a worker or an employee for payment of their salary for their contractual length of notice (usually between 1 and 3 months). A wrongful dismissal case is normally worth much less than an unfair dismissal claim (which would normally incorporate a wrongful dismissal case).

Our pricing for bringing claims for unfair or wrongful dismissal (and please note these are only our fees and does not include tribunal fees, expert’s fees or other disbursements):

Please note we have 1 employment Partner in the firm, Julian Abraham, who charges £252.00 per hour (incl. VAT). We have 1 employment solicitor in the firm, Elliot Hammer, who charges £222.00 per hour (incl. VAT).

Typical Case Pricing

Simple case from start to finish:£2,500 – £5,000
Medium complexity case from start to finish:£5,000 – £10,0000
High complexity case from start to finish:£10,000 – £20,000

It is unlikely any unfair or wrongful dismissal case would cost more than £20,000. A few cases per year do go above this fee level, but these are normally extremely high value cases with potentially extremely large potential awards.

Our Menu pricing guide

We have attempted to set out sample menu pricing for a typical “simple” case. These costs would normally be increased proportionately as the complexity increases. As always, much depends on the exact circumstances of the case and you would be best placed to discuss likely estimates of your particular case with your lawyer. Again, we would remind you that most cases settle and they settle at different stages of litigation.

(all prices including VAT)

(A “simple” case)

First instructions:£222 (normally a fixed fee)
Engaging in initial settlement negotiations / ACAS:£111 – £666
Preparing your claim form:£222 – £666
Considering response:£222 – £444
Exploring and negotiating a settlement:£222 – £666
Preparing your schedule of loss:£222
Preparing your disclosure:£222 – £444
Considering your opponent’s disclosure:£222 – £444
Preparing your witness statement: £222 – £444
Considering your opponent’s witness statements:£222 – £666
Attendance at a final hearing:£666 – £1000
Total:£2,553 – £4,108

Factors that could make the case more complex:

  1. If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;
  2. Defending claims that are brought by litigants in person;
  3. Making or defending a costs application;
  4. Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by parties);
  5. The number of witnesses and documents;
  6. If it is an automatic unfair dismissal claim e.g. if you are disabled after blowing the whistle on your employer;
  7. Allegations of discrimination / harassment / victimisation which are linked to the dismissal.

In a simple unfair dismissal claim there is not usually a preliminary hearing. We charge from £666 – £1,222.00 for attending a preliminary hearing, depending on travelling time and the complexity of the case.The stages set out above are an indication and if some of the 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. Disbursements are costs related to your matter that are payable to third parties, such as Court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. If your case is complex we may instruct a barrister. Counsel’s fees range in cost depending on their experience. Counsel’s fees can range from between £1200 – £5000 per day. The time it takes from taking your 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 2 – 4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 20 – 52 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

The main funding options available to you are:

How long will my matter take

Legal Expenses Insurance

If you or any adult living in your household has any home contents insurance (or any other kind of insurance), then you should check the policy to see if it provides cover for legal costs. If you do, the insurance company will pay your legal costs and it should offer you the right to choose any firm of solicitors of your choice. We are regularly instructed by insurance companies to represent our clients.

No Win No Fee – Damages Based Agreement

Damages-based agreements are a form of contingency fee, or “no win no fee”. A Damages-based agreement is an agreement for you to pay us a percentage of your compensation or settlement monies instead of paying our costs upfront. The Regulations governing such arrangements set a maximum fee of 35% (including VAT) of the amount which is actually recovered from your opponent.

If your claim does not succeed then you do not pay us any costs so long as you have complied with the terms of the agreement.

If we decide that your case has good prospects of success and you wish to fund your claim under a DBA then we will explain exactly how it works and provide you with all of the necessary information before you go on to sign it.

Privately Paying – Agreed Fixed Fee

This method of funding is usually offered where we can easily predict the likely costs in advance. The fixed fee will be payable irrespective of whether the case is won or lost but provides our clients with a definite predictable cost from the outset so that they can achieve certainty when budgeting.

Privately Paying – Agreed Hourly Rate

In some cases paying for our services on an agreed hourly rate may be the most suitable way of funding your claim. It may be that your claim is of a very high value and you prefer to manage your costs in this way. Alternatively, you may have a claim that is not particularly strong but you still wish to bring because of the importance of it to you or because you are pursuing an outcome other than compensation.

We will provide you with an estimate of the likely costs at the outset and update you regularly throughout the progress of the case. Using this method you pay for your costs irrespective of the outcome. Our hourly rates range from £120 to £210 per hour depending on the type of work undertaken and level of employment lawyer required.

Trade Union Representation

If you are a member of a trade union, and were a member before the incident leading to your present dispute arose, you should be entitled to free representation through your union. We suggest that you contact you union and ask them to progress your case with their in-house legal advisers.

All our initial advice is provided by qualified solicitors and offered for free, so please call us on 0844 800 9860 or request a call back through our website.

 

Fees & Funding – Employers Unfair Dismissal / Wrongful Dismissal

It is difficult to offer “menu pricing” in respect of our fees. In our experience, no two claims are alike and all claims will have a different final cost. What must be considered is that a case for an employer may be satisfactorily resolved with a very low initial cost.

Please note only a small number of our cases end at the employment tribunal. Most end with a settlement for our client. Some of course can end without a satisfactory outcome if our client’s case is too weak or not worth the legal fees to pursue. Of course we will always seek to advise on these issues at the outset of the case.

However, in order to comply with the requirements of our Regulator (the Solicitors Regulation Authority or “SRA”), we set out the following “menu pricing” for typical employment claim fees and also an estimated range of costs for defending a case from the start right to a tribunal judgment.

An unfair dismissal case can only be brought by an employee with 2 years or more employment history. A wrongful dismissal can be brought by either a worker or an employee for payment of their salary for their contractual length of notice (usually between 1 and 3 months). A wrongful dismissal case is normally worth much less than an unfair dismissal claim (an unfair dismissal claim normally incorporates a wrongful dismissal case).

Our pricing for responding to claims for unfair or wrongful dismissal (and please note these are only our fees and does not include tribunal fees, expert’s fees or other disbursements):

Please note we have 1 employment Partner in the firm, Julian Abraham, who charges £252.00 per hour (incl. VAT). We have 1 employment solicitor in the firm, Elliot Hammer, who charges £222.00 per hour (incl. VAT).

Typical Case Pricing

Simple case from start to finish:£2,997 – £6,682
Medium complexity case from start to finish:£7,000 – £12,0000
High complexity case from start to finish:£12,000 – £20,000

It is unlikely responding to any unfair or wrongful dismissal case would cost more than £20,000. A few cases per year do go above this fee level, but these are normally extremely high value cases with potentially extremely large potential awards. The current maximum award for an unfair dismissal claim is £83,682.00. Naturally, if you are defending an unfair dismissal claim with a potential tribunal award of that amount your legal defence needs to ensure “no stone is unturned”.

Our Menu pricing guide

We have attempted to set out sample menu pricing for a typical “simple” case. These costs would normally be increased proportionately as the complexity increases. As always, much depends on the exact circumstances of the case and you would be best placed to discuss likely estimates of your particular case with your lawyer. Again, we would remind you that most cases settle and they settle at different stages of litigation.

(all prices including VAT)

(A “simple” case)

First instructions (usually considering the Claim form and particulars of claim against your business :£222 – £888
Engaging in initial settlement negotiations / ACAS:£111 – £666
Preparing your response form (your defence):£666 – £1200
Exploring and negotiating a settlement:£222 – £666
Preparing a counter- schedule of loss:£222 – £444
Preparing your disclosure: £222 – £444
Considering your opponent’s disclosure:£222 – £444
Preparing your witness statement:£222 – £444
Considering your opponent’s witness statements:£222 – £666
Attendance at a final hearing:£666 – £1000
Total:2,997 – £6,862

Factors that could make the case more complex:

  1. If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;
  2. Defending claims that are brought by litigants-in-person;
  3. Making or defending a costs application;
  4. Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by parties);
  5. The number of witnesses and documents;
  6. If it is an automatic unfair dismissal claim e.g. if you are alleged to have dismissed an employee after they “blew the whistle”.
  7. Allegations of discrimination / harassment / victimisation etc. which are linked to the dismissal.

In a simple unfair dismissal claim there is not usually a preliminary hearing. We charge from £666 – £1,222.00 for attending a preliminary hearing, depending on travelling time and the complexity of the case.

The stages set out above are an indication and if some of the 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.

Disbursements are costs related to your matter that are payable to third parties, such as Court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

If your case is complex we may instruct a barrister. Counsel’s fees range in cost depending on their experience. Counsel’s fees can range from between £1200 – £5000 per day. If it makes sense, we may send Counsel to the preliminary hearing rather than attend it ourselves.

How long will my matter take

The time it takes from taking your 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 2 – 4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 20 – 52 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

The main funding options available to you are:

 

Legal Expenses Insurance

Your business may have the protection of a legal expenses policy. Please check if you have and we can advise whether it will cover you for your defence.

No Win NO Fee – Damages Based Agreement

We cannot offer employers a No Win No Fee agreement.

Privately Paying – Agreed Fixed Fee

This method of funding is usually offered where we can easily predict the likely costs in advance. The fixed fee will be payable irrespective of whether the case is won or lost but provides our clients with a definite predictable cost from the outset so that they can achieve certainty when budgeting.

Privately Paying – Agreed Hourly Rate

In some cases paying for our services on an agreed hourly rate may be the most suitable way of funding your claim. It may be that your claim is of a very high value and you prefer to manage your costs in this way. Alternatively, you may have a claim that is not particularly strong but you still wish to bring because of the importance of it to you or because you are pursuing an outcome other than compensation.

We will provide you with an estimate of the likely costs at the outset and update you regularly throughout the progress of the case. Using this method you pay for your costs irrespective of the outcome. Our hourly rates range from £222 to £252 per hour depending on the type of work undertaken and level of employment lawyer required.

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