Pricing for Employment Tribunal Claims

At IBB Solicitors we like to, in very clear and simple terms, respond to the principal questions that clients have about working with a solicitor, namely;

  • What are you going to do for me?
  • What aren’t you doing for me?
  • Who is going to do it?
  • When will it be done by?
  • How much is it going to cost?

In relation to our costs, we have a philosophy of ‘no surprises’. That puts the onus on us to address the questions above as transparently and as simply as possible.

As far as practicable, we also endeavour to provide clients with pricing choice. This recognises the fact that clients have different priorities and even the same client can have different pricing and payment priorities on different transactions or matters.

When we provide you with an estimate we will also provide you with a job specification that answers in clear and straightforward terms the questions set out above.

For illustration purposes only, we set out below an example of our pricing approach to bringing employment tribunal claims for unfair dismissal and/or wrongful dismissal.  Within the example, we have made some assumptions about what you may need and have also included some of the most common factors which may increase or decrease our pricing estimate.

Example Pricing – for bringing tribunal claims for unfair dismissal and/or wrongful dismissal

Simple case: £10,000 – £15,000 (excluding VAT)

Medium complexity case: £15,000 – £25,000 (excluding VAT)

High complexity case: £25,000 – £45,000 (excluding VAT)

Factors that could make a case more complex:

  • if it is necessary to make applications to amend claims or to provide further information about an existing claim
  • complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • the number of witnesses
  • the number of documents
  • if it is an automatic unfair dismissal claim
  • allegations of discrimination which are linked to the dismissal
  • making or defending a costs application.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

It may be appropriate to instruct a barrister to attend an employment tribunal hearing. The fees for instructing a barrister will depend on the experience of the advocate and the level of preparation required.

Key stages

The estimated fees set out above would cover work in relation to the following key stages of a claim:

  • taking your initial instructions, reviewing the papers and advising you on merits (this is likely to be revisited throughout the matter and subject to change)
  • entering into Acas early conciliation to explore whether a settlement can be reached to avoid having to bring a tribunal claim
  • preparing the claim
  • reviewing and advising on the response from other party
  • exploring settlement and negotiating settlement throughout the process
  • preparing for (and attending) a preliminary hearing, if ordered by a tribunal
  • dealing with a tribunal’s directions:
    • preparing a schedule of loss
    • exchanging documents with the other party
    • agreeing a bundle of documents
    • preparing statements and agreeing their content with witnesses
  • reviewing and advising on the other party’s witness statements
  • agreeing a list of issues, a chronology of events and/or cast list
  • preparation and attendance at final hearing, including instructions to a barrister (if appropriate).

The stages set out above are an indication and if some of stages above are not required, our costs will be less. 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.

How long will your 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 Acas early conciliation, your case is likely to take 2-6 weeks. If your claim proceeds to a final hearing and is listed for one day is likely to take 6-9 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. (*due to the backlog with employment tribunal listing cases this could be up to 18 months)

Every client is individual and has specific needs. Having taken a look at these examples, if you are happy to speak to us further, please give us a call or send us an email. We will be happy to answer any questions or provide clarification. We will almost certainly need additional information to give you the most certain estimate, and we can discuss any issues of urgency or particular circumstances that you think we ought to know.  Once the details are agreed, we will send out normal client care and engagement documentation and you can decide whether you are happy to proceed.


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