Unfair and Wrongful Dismissal Cases – Fees for individuals
We hope that we provide helpful and useful information about the types of work we undertake and our experience in doing so elsewhere on our website, we are now required by the Solicitors Regulation Authority to provide specific information about the costs to individuals of bringing and defending claims for unfair or wrongful dismissal claims and our experience in carrying out this work.
Daniel Valentine qualified as a solicitor in January 2004. He has practised employment law continuously since qualification and has conducted many employment tribunal claims for both employers and employees.
Costs will vary from case to case but we would expect costs for unfair or wrongful dismissal claims to fall within the following ranges:
- Simple wrongful dismissal case: £1,500 – £3,500 (excluding VAT)
- Medium complexity case (both unfair and/or wrongful dismissal): £2,500 – £6,000 (excluding VAT)
- High complexity case: £5,000 – £20,000 (excluding VAT)
Stages of a Claim
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 an ongoing process throughout the claim
- Assisting and undertaking pre-claim conciliation where this is mandatory to explore whether a settlement can be reached. Exploring settlement is also an ongoing process throughout the duration of any case
- Preparing the claim or response
- Reviewing and advising on the claim or response from other party
- Preparing or considering a schedule of loss
- Preparing for (and attending) any Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Preparing bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Reviewing and advising on the other party’s witness statements
- Drafting and agreeing preliminary matters as directed by the Tribunal which could include a list of issues, a chronology and/or cast list
- Preparation and attendance at a Final Hearing. It is sometimes necessary to instruct a barrister to do this. Where a barrister is required this fee will be an additional cost
The stages set out above are an indication of the likely stages in a case. If some of the stages above are not required, the fee will be reduced. Additional stages or further hearings may increase the costs.
You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can be discussed depending on your individual needs.
Factors which makes cases more complex and increase costs
We assess every case on an individual basis. The following could make a case more complex and increase the costs:
- 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
- The number of witnesses and documents
- The case runs for an unusual number of days
- 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 are not covered by the above costs estimates
- Making or defending a costs application
Other costs (disbursements)
Disbursements are costs related to your matter that are payable to third parties, such as court fees, hotel and travel costs. These are charged in addition to our own costs but unless the case requires long distance travel or overnight accommodation, we would not expect to charge for these. This includes not charging for local travel and routine copying. However, if it is necessary to instruct a barrister, this will be charged directly to the client.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter is largely out of our control. The Tribunal Service may take many months to list your claim and much can depend on how the case is conducted by the other party. Cases can be resolved through settlement at almost any stage and this is a common form of resolution.
We will keep you fully informed of timescale as the matter progresses.