Employment
We know that whether you are an employer or an employee, when a claim to the Employment Tribunal becomes necessary your case will be unique and personal.
Sometimes terms can be agreed at a very early stage, in which case a Settlement Agreement is likely. On other occasions the Early Conciliation Scheme can assist.
Generally it is our practice to meet with clients initially, at which meeting we can better understand the particular circumstances of your case and indicate likely costs and timescales. It is also our practice to review both costs and timescales throughout the course of a case and notify clients of any change.
Our fees in these cases are generally based on an hourly charging rate which is subject to VAT, currently at 20%. Your case will generally be handled by either John Walkington, who heads our Employment Team or Kim Bennett, CILEX.
The average hourly charging rate for members of our employment team (see our people) is £312.50 plus VAT of £62.50 making a total of £375.00 per hour.
What we do:
The fees set out above cover work in relation to but not limited to the following key stages of a claim:
- Taking initial instructions, reviewing the papers and advising on merits and likely compensation. (This is likely to be revisited throughout the matter and subject to change, and where appropriate may involve seeking an Advice from Counsel (a Barrister).
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached.
- Preparing a claim or response (often with the assistance of specialist Counsel).
- Reviewing and advising on claims and/or responses from another party.
- Exploring settlement and negotiating settlement throughout the process.
- Preparing or considering a Schedule of Loss.
- Preparing for 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 or reviewing a bundle of documents.
- Reviewing and advising on the other party’s witness statements.
- Agreeing a list of issues, a chronology and/or cast list.
- Preparing for a Merits hearing claim, attendance at that hearing (normally by a Trainee) and advising you on the outcome, including a Brief to Counsel.
Occasionally clients wish to handle the claim themselves, and seek our advice in relation to some of the stages or on particular issues. This can be arranged on individual needs.
How much could it Cost?
Advising in relation to a Settlement Agreement:
| Fee | VAT (20%) | Total | |
| Between | £600.00 | £120.00 | £720.00 |
| and | £1,200.00 | £240.00 | £1,440.00 |
For a simple case where the main facts are agreed and the claim is not challenged:
| Fee | VAT (20%) | Total | |
| Between | £2,000.00 | £400.00 | £2,400.00 |
| and | £7,500.00 | £1,500.00 | £9,000.00 |
At present, Tribunal fees are not payable, but medical evidence may be needed which may cost in the region of an additional £500.00 to £2,000.00.
It may also be necessary to seek advice from Counsel (a barrister) which may be an additional £1,800.00 to £3,600.00.
In more complicated circumstances where, for example:-
- There are a number of documents and witnesses;
- Claims are brought by unrepresented litigants in person;
- It is necessary to defend applications, amend claims or to provide further information about an existing claim;
- Constructive dismissal claim;
- An automatic unfair dismissal claim;
- Making or defending a costs application;
- Complex preliminary issues;
- Lack of co-operation from the opponent;
- Counterclaims or appeals;
- Medical evidence is needed; and/ or
- Compliance with short or urgent deadlines.
| Fee | VAT (20%) | Total | |
| Between | £10,000.00 | £2,000.00 | £12,000.00 |
| and | £20,000.00 | £4,000.00 | £24,000.00 |
Plus payments to third parties for things like:
- Medical Evidence (approximately £2,000)
- Counsel’s fees (dependent upon the work the barrister is requested to carry out and their experience) (approximately £10,000-£12,000 including VAT).
How long could my case take?
The time that it takes from taking your initial instructions to the final resolution of the matter depends largely on the stage at which your case is resolved. If a settlement is reached during the pre-claim conciliation, the case is likely to take up to three months. If the claim proceeds to a Merits hearing, it is likely to take six to twelve months (subject to a number of factors). This is an estimate, and we will of course be able to provide you with a more accurate timescale once the relevant information about your matter is to hand.
For more information regarding resolution of disputes, see our Guide to Civil Litigation here.