No matter what legal assistance you require, Enoch Evans LLP always recommends that you speak with a member of our specialist team in order that a quote can be personally tailored to your specific circumstances. Please call us on 01922 720333 (Walsall), 0121 355 2336 (Sutton Coldfield) or email firstname.lastname@example.org
Providing costs estimates in relation to an unfair dismissal or wrongful dismissal claim for an Employer is difficult due to the considerable number of factors that can influence the costs and timescales for the claim to be resolved. One major factor is the fact that Employment claims are dealt with in a Tribunal who provide directions as to the way a matter is dealt with which will influence not only the time it takes to resolve an issue but also the costs.
In order to obtain an accurate indication of costs, please give us a call, and one of our solicitors will discuss your case with you.
We have considerable experience in dealing with Employment claims both for the Employer and the Employee. As a result we are able to provide an indication of the likely level of costs to bring or defend a claim in an Employment Tribunal (assuming the matter reaches a final hearing) based on the averages we have charged over recent years dependant on case type as follows: -.
- Simple case: £8,000-£12,000 (excluding VAT)
- Medium complexity case: £12,000-£18,000 (excluding VAT)
- High complexity case: £18,000-£40,000 (excluding VAT)
Factors that could make a case more complex:
- 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 employee directly)
- 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 to determine the contractual relationship between the parties
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim e.g. the employee alleges that he/she was dismissed after blowing the whistle on the employer
- Allegations of discrimination, victimisation or harassment which are linked to the dismissal
- If there are a large number of employee benefits associated with a role, especially complex pension or share arrangements
There will be an additional charge for attending a Tribunal Hearing of £1500-£2000 per day (excluding VAT). Generally, we would allow 1-5 days depending on the complexity of your case. The duration of a case may however exceed this in some circumstances, for example when one or both parties call multiple witnesses.
We will be able to provide a more accurate indication of the likely level of our costs when we meet with you to discuss defending a claim.
Disbursements may be payable in addition.
Disbursements are out of pocket expenses related to your matter that are payable to third parties, such as court fees, experts fees Counsel’s fees etc.
In some cases it may be necessary to instruct a Barrister to assist. Their fees are estimated between £500 and 2,500 plus VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
The fee estimate 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 potential sum that could be awarded if the claim is not successfully defended (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
- Preparing a defence to a claim
- Reviewing and advising on the claim presented by the Claimant Exploring settlement and negotiating settlement throughout the process
- Preparing or considering a schedule of loss/counter schedule of loss
- Preparing for (and attending) 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 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
- 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. Likewise, if any of those stages become complex, or protracted (for example if you or the other party wish to rely on a large number of witnesses), then the fees may be increased. 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 based on your individual needs.
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 5-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26-52 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information, when directions are provided by the Tribunal, and as the matter progresses.