Employment Law Pricing

Employment relationships are at the heart of any business and if you get this wrong, it can lead onto a long and costly dispute that can affect the reputation of a company.

Above the complexities of employment law, are a whole raft of government regulations that require specialist advice. We advise on both sides of the employment relationship on the regulatory and the government aspects of employment laws and on contract law.

We work on employment matters for both the employees and the employer.

The Costs of an Employment Tribunal will vary depending upon the complexity of the claim, and we will explain the likely steps in your case and keep you regularly updated on the issue of costs. For straightforward cases we may agree to charge a fixed fee. However, in most cases it is difficult to estimate when a case may be concluded. We endeavour to provide estimates based on hourly rates. The prices on this page show prices exclude VAT and including VAT (the current prevailing rate of VAT is 20%, but it is subject to change, and we will endeavour to provide any updates).

We employ lawyers with different levels of experience and qualifications, the details of the solicitor/s that will be working on your case, and their rates will be set out in our engagement letter.

The hourly rates for employment litigation work are dependent upon the seniority of the lawyers handling your case. For transparency and the avoidance of any doubt, our fees are below:

Charges per hour:

For all work we will charge you £320.00 plus VAT per hour for each hour of work carried out by Richard Cramer; and / or £225.00 plus VAT per hour for each hour of work carried out by Declan Doherty and / or £105.00 plus VAT per hour for each hour of work carried out by Laura Hamilton and/or Harry Joule and / or Molly Bleazard.

The figures stated above, do not include any VAT which may be applicable. The prevailing rate of VAT is 20%, VAT is subject to change, and in the event that it changes, we will endeavour to provide updates. Routine letters and routine telephone calls made and received will be charged in units of 1/10th of an hour. Our fees for considering routine letters received will be time recorded as preparation. Other letters and calls will be charged for on a time basis.

Pricing for bringing and defending claims for unfair or wrongful dismissal:

• Simple case: £10,000 - £12,000 (plus VAT)
• Medium complexity case: £15,000 - £20,000 (plus VAT)
• High complexity case: £25,000 - £40,000 (plus VAT)

The figures stated above, do not include any VAT which may be applicable. The prevailing rate of VAT is 20%, VAT is subject to change, and in the event that it changes, we will endeavour to provide updates.

Additional factors could make a case more complicated and result in increased costs, below is a list, but not an exhaustive list, of some of these factors:

• The number of claimants or respondents
• 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 (people with no legal representation)
• Making applications for witness orders
• Applying for medical reports or a medical report
• Making or defending a costs application
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• Preliminary issues such as whether the claimant has an employee status and/or worker status.
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer; and no process has been followed by your employer.
• Where the legitimacy of documents is brought into question and/or investigation is required to establish the native format of electronic documents
• Where witness summons applications are required, or supplemental statements are necessary.
• Where unexpected witnesses and/or documents are introduced in a late stage of the proceedings
• Where transcription of documents (e.g. Audio files) is required
• 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.
• Allegations where third parties to the proceedings are involved (e.g. The police, former employers, former employees etc)
• Level of co-operation between the parties throughout the matter
• Delays with the Employment Tribunal processing documents and/or listing matter for final hearing.
• Whether early settlement/negotiations can be achieved between the parties

The above is not an exhaustive list of matters that may arise, and each case is unique.

There will be an additional charge for attending a Tribunal Hearing per day (based on 6 hours attendance, i.e. 10 am – 4 pm) at the daily rates below.

Charges per hour

• 10+ years qualified solicitors
• £320 plus VAT: £384 inc VAT
• 5+ years qualified solicitors
• £225 plus VAT: £270 inc VAT
• Newly qualified solicitors
• £195 plus VAT: £234 inc VAT
• Trainee Solicitors
• £138 plus VAT: £165.60 inc VAT
• Paralegals
• £105 plus VAT: £126 inc VAT

The prevailing rate of VAT is 20%, however please note, VAT is subject to change, and in the event that it changes, we will endeavour to provide updates.

Generally, we would allow 1-2 days for a Tribunal hearing depending on the complexity of your case. However, factors that could affect the length of the final hearing are number of witnesses, number of documents and/or any preliminary issues to be dealt with before the main hearing.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees and barristers’ fees, also known as Counsel’s fees.

We will invoice you directly for these costs following which, we will then handle the payment of the disbursements on your behalf to ensure a smoother process.

As of July 2017, Employment Tribunal fees were ruled to be unlawful, and therefore there is no longer a requirement to pay a court fee when you issue a claim at the Tribunal. This also means there is no court fee in relation to making applications, listing the claim for a final hearing, or making an appeal to the Employment Appeal Tribunal.

A barrister will be the advocate at your hearing. This means that they will be your legal representative in front of the Judge at the hearing. Dependent upon the experience of the barrister, the fees are estimated between £1,250 – £2,000 plus VAT: £1,500-£2,400 inc VAT for attending a Tribunal Hearing (including preparation). This is known as a brief fee. Should the hearing be listed for more than 1 day, Counsel will charge a ‘refresher fee’ on top of the brief fee which is estimated between £500 to £1,000 plus VAT: £600 to £1,200 inc VAT, depending on the experience of the barrister.

Your barrister may also be involved in earlier stages of the proceedings such as drafting your statement of the case, i.e. the claim form outlining your case and the nature of the dispute (known as the ET1) or the response form when a claim has been made against you (known as the ET3). Fees are estimated in the region of £350 – £500 plus VAT: £420-£600 inc VAT for this again, dependent upon the experience of your barrister.

Other factors to consider that may affect the costs incurred by you are whether conference with Counsel will be required prior to the hearing (e.g. telephone call or a face-to-face meeting) or if we are required to seek Counsel’s opinion on an issue in the case or prospects of success guidance.

Some of the areas in which we can help you are listed below:

• Breach of Contract
• Disciplinary Proceedings
• Discrimination and Equality
• Restrictive Covenants
• Tribunal Claims
• Settlement / Compromise Agreements
• Unfair/Constructive Dismissal

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. This is usually through a service called ACAS;
• Preparing claim or response
• Reviewing and advising on claim or response from another 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 on a bundle of documents
• Taking witness statements, drafting statements, and agreeing their content with witnesses
  preparing the bundle of documents (this is usually a task undertaken by the Employer who is usually the Respondent)
• Reviewing and advising on the other party’s witness statements
• Agreeing on a list of issues, a chronology and/or cast list
• Preparation and attendance at Final Hearing, including instructions to Counsel

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.

Generally, costs are not recoverable at the Employment Tribunal and therefore, we always ask you to check whether you have any suitable legal protection insurance to assist you with the funding of your claim and we would ask that you check through, for example, any home insurance or car insurance policy you may have carefully to see if you are covered.

It may also be possible to discuss the possibility of entering into a Damages-Based Agreement or Conditional Fee Agreement in relation to the collection of our costs. It’s important to note that this would not cover Disbursements unless the third party being paid agreed to such an arrangement separately. We will discuss these options with you should we feel they may be appropriate.

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 2-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 4-12 months. 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.

FRONT ROW LEGAL LTD – 30 October 2023