Your case will be handled by Lynne Burns a qualified solicitor of over 25 years’ experience. Lynne has both a BA Hons in English and is qualified to practice law. She attended Chester College of Law and has specialised in Employment law, both contentious and non-contentious for over 25 years.
Employment Tribunals
The costs for bringing or defending Employment Tribunal proceedings vary depending on the type and complexity of the case i.e. whether it involves multiple claims or parties, the number of witnesses involved and the number of documents which are required to be disclosed to the other side and which are disclosed by your opposing party. Factors also to be taken into consideration are the length of the main hearing and any subsequent Appeal hearings.
A straightforward case of unfair dismissal may be considered a simple case whereas discrimination and equal pay cases tend to be more complex.
It is always advisable to discuss costs at an early stage and establish if a fixed fee quotation would be appropriate for your type of case.
It is also important to remember that most cases settle before the final hearing which will considerably reduce costs. It is also possible to take the option of Judicial Mediation or Mediation through CEDR, which will reduce the overall time and costs of preparation and the necessity for a final hearing. In situation where the case proceeds to Mediation the costs charged will be at the normal hourly rate referred to below. There are no separate fees payable for Judicial Mediation but the costs of the Mediator will need to be paid in the case of a CEDR Mediation. These are usually £3000-£4000 and are split between the parties.
Costs Guidance for Employment Tribunal cases
• Issuing proceedings in an Employment Tribunal (ET1) £1500-£3000 plus VAT depending on complexity of the matter as referred to in the first paragraph above.
• Interlocutory stages e.g. applying for order or being the subject of orders by your opposite party made by the Employment Tribunal. One example of this would be an order for specific documents which you believe the other side has in its’ possession but which they have refused to disclose.
£1500-£3000 plus VAT
• Preparation of case including correspondence, telephone calls and drafting
£1000-£2500 plus VAT
• Disclosure of documents (this is called Discovery and is an essential stage of all litigation)
• Final Hearing of the case depending on length of the hearing
£3000 -£7500 plus VAT
• Appeal Hearings at the Employment Appeals Tribunal and Court of Appeal
£2500- £5000 plus VAT
Overall costs for a simple case would be £6000 increasing to £10,000-£15,000 for a more complex case. VAT would be added to these figures.
In some cases in may be preferable and advisable to instruct Counsel/ a barrister to handle the applications, advice or more usually to conduct the main hearing before the Tribunal. Counsel’s fees will be separate and vary depending on seniority and the length and complexity of the case. You will be given a quote and asked to agree these in advance.
The key stages involved in Employment Tribunal matters are:
Taking initial instructions, reviewing the documents and advising you on the strategy – on the next steps.
Preliminary advice to you on the likely value of the claim and any likely award (this is subject to change – likely to be adjusted during the matter).
Assistance regarding pre-claim conciliation to explore whether a settlement can be reached.
Preparing the claim or the response to the claim.
Reviewing and advising on the claim other response from the other party.
Considering a schedule of loss.
Preparing for and attending a Preliminary Hearing.
Agreeing a bundle of documents and exchanging it with the other party.
Taking witness statements, drafting statements and agreeing their content with witnesses.
Preparing bundles of documents for the tribunal and your advocate.
Reviewing and advising on the other party’s witness statements.
Agreeing a list of issues.
Preparation for and attendance at the final hearing, including instructing an advocate to represent you.
Advising you and – when needed – arranging representation at any preliminary hearings that may arise during the course of an Employment Tribunal claim.
Some of the factors that could make a case more complex:
When there is need to make or defend applications to amend claims or to provide further information about an existing claim.
The involvement of sector-specific regulation, such the rules of the Financial Conduct Authority.
Discrimination allegations linked to the dismissal.
Making or reacting to any interim applications made to the Employment Tribunal before the Final Hearing.
Disbursements
We incur necessary additional third-party costs – disbursements – on your behalf.
We discuss disbursements with you and agree on them in advance and then proceed on your behalf. Disbursements are for example the counsel’s fees, the fees of medical or other experts.
You don’t have to pay the third parties directly – we pay the sum on your behalf to the relevant third party.
Since disbursements are your responsibility – they are added to your invoice without mark-up.
VAT
The figures quoted above are plus VAT at 20%.
Most disbursements attract VAT at the prevailing rate.
We pass the total cost on to you. VAT is not added on to disbursements where VAT has already been added by the relevant third party.
How long it will take: From the initial instructions to the final resolution
How long it all takes depends largely on the stage at which your case is resolved.
Reaching a settlement during pre-claim conciliation, means that your case is likely to take one to two months.
Your case is likely to take longer – six to twelve months (depending on circumstances even two years) – should your claim proceed to a final hearing.
The above is an estimate and we can provide better/accurate timescale once the matter progresses. Some things are outside our control. E.g. when clerks to the Employment Tribunal list your matter to be heard.
We can’t guarantee that you achieve an outcome you desire.
Legal costs generally
Legal costs for advice and dealing with e.g. Settlement Agreements or advice/drafting contracts or other legal advice is provided at £250 plus VAT per hour by Lynne Burns.
