Employment matters

Employment Solicitor Costs

The solicitor fees likely to be incurred for bringing or defending claims relating to employment matters vary considerably, depending on the complexity of the claim and whether it proceeds to the employment tribunals.

We offer a fixed fee service for Settlement Agreements, where a worker and employer seek to agree compensation to end a worker’s employment avoiding a dispute. Normally, the employer will meet the cost of the required advice, and we can ask the employer to increase their contribution.

We strongly recommend that you contact our employment law expert, Daniel Cottrell on 01329 822 333, to discuss your individual requirements.  Daniel is able to quickly assess the situation on the telephone and is able to offer up to 15 minutes of advice free of charge. Churchers are here to make your legal rights and our fees clear and easy to understand.

Where he considers that more detailed advice is required, he is able to offer a fixed fee employment appointment at a cost of £500 plus VAT at the prevailing rate of 20%.  The initial advice covers two hours work including attendance and preparation. It also covers the following:

  • Taking your initial instructions, reviewing the papers and advising you on the merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
  • Considering complex preliminary issues such as whether a claim has been made within time
  • Whether to enter into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
  • Advising on how to defend claims brought by litigants in person
  • Reviewing and advising on the claim or response from another party
  • Whether it is necessary to make or defend an application or to provide further information about an existing claim
  • Considering whether allegations of discrimination are linked to dismissal
  • The number of witnesses required and likely documents that need to be produced to the tribunal
  • Discussing settlement and negotiating settlement throughout the process

Employment claims are often settled, before claims to the Employment Tribunals, within 6 to 12 weeks, at a cost of £750 to £1,500 plus VAT at the prevailing rate of 20%.

Where it is not possible to agree a settlement and you decide to make the claim before the employment tribunal, our fees are again based on the complexity of the work required. These employment law fees are usually charged at an hourly rate, our lowest hourly rate is £250 and our highest hourly rate is £400 plus VAT at the prevailing rate of 20%, dependingon the member of staff dealing with your matter and based on the complexity of the matter.

The work we provide will include but is not limited to:

  • Taking your instructions, reviewing evidence, advising on merits and likely compensation (this will be kept under review throughout the matter and subject to change)
  • Preliminary settlement negotiations including pre-claim conciliation where it is mandatory to explore whether a settlement can be achieved
  • Drafting a claim or response
  • Advising on claim c or response form the other party
  • Preparing for and attending a preliminary hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Preparing a schedule of loss
  • Taking witness statements drafting statements and agreeing their content with witnesses
  • Preparing bundles of documents
  • Reviewing and advising on the strength of the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast lists
  • Preparing and attending a final hearing including instructing counsel

These stages are an indication of the legal work to be undertaken by our experienced solicitors. If some of the stages are not required fees 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.

Our estimate for an unfair/wrongful dismissal claim is: –

Simple cases between £5,000-£10,000 plus VAT at the prevailing rate of 20%. Medium complexity cases £10,000-£20,000 plus VAT at the prevailing rate. High Complexity Cases £20,000 to £40,000 plus VAT at the prevailing rate of 20%.

Factors that could make a case more complex:

  • If it is necessary to make or defend applications to amend claims or provide information about an existing claim
  • Defending claims made by a litigant in person
  • Claims where there are jurisdictional issues such as whether a claim has been made within an applicable time limit
  • Making or defending payment of costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If the claim includes automatic unfair dismissal issues
  • Allegations of discrimination including those linked to dismissal

Our estimate for a discrimination claim is £20,000 to £40,000 plus VAT at the prevailing rate of 20%.   

There will be an additional charge for attending tribunal hearings of £2,000 per day (excluding VAT at the prevailing) rate of 20%. Generally, we would allow 1 – 2 days for an unfair dismissal case and 5 – 7 days for a discrimination case depending on the complexity. We would not usually attend a hearing if Counsel is your choice of advocate.

Disbursements are costs related to your matter that are payable to third parties such as counsel fees or expert fees (£1,000 to £4,000 plus VAT at the prevailing rate of 20%) and court fees if you are pursuing a claim in court, (court fee information is available from the HMCTS website – https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50).  We handle the payment of the disbursement on your behalf to ensure a smoother process.  Our fees do not include disbursements.  Counsel’s fees are estimated at between £1,500 to £3,500 plus VAT per day depending upon the experience of the advocate for attending a tribunal or obtaining advice on complex matters.

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 12 to 24 weeks.  If your claim proceeds to a full hearing your case is likely to take 24 to 52 weeks for unfair dismissal cases and 52 to 76 weeks for discrimination cases. This is just an estimate, and we will of course be able to give you a more accurate timescale once we have more information as the matter progresses.

We will investigate all funding options available to you such as whether you have an existing insurance policy that will cover legal costs. Legal Help is available for discrimination claims through the Legal Aid Agency, this can be accessed by telephoning the Legal Aid Advice line on 03453454345 (we are unable to offer Legal Aid).  This will be reviewed at your first appointment.

To learn more about how our team can assist you with your enquiries relating to employment law and the fees involved, contact us today. Call our employment law expert, Daniel Cottrell on 01329 822 333.

 

 

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Employment Solicitor Fees

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Excellent Service from Debbie and Will. Both were extremely professional but friendly and understanding.  I want to thank them both for all of their help and support in what was a difficult time for me
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