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Fees and timescales (including damages based agreements and our access to justice service) in respect of Unfair Dismissal or Wrongful Dismissal and all Employment Tribunal matters*

We are required to publish an indication of our fees in this type of matter.

Our fixed fees for bringing a claim or defending a claim (including advocacy), depending on complexity, number of witnesses and whether an expert witness is required, vary between £1,500 and £5,000 plus VAT.  If the Claim includes discrimination the upper limit could be £35,000 or more plus VAT.  Disbursements (things we pay on your behalf) are always for your account not ours.  Typically these could be an expert report costing between £500 and £3,000 plus VAT or postage charges if we need to post a large file.  You do not need to pay any fees to the Employment Tribunal.

In suitable cases we may be willing to offer claimants a damages based agreement (“DBA”); which means we would be paid a percentage of money (including VAT) we recover for you when the damages are paid by the employer. In terms of suitability we would assess chances of a successful outcome, likely damages and the work we would need to put in to recover damages at a hearing of the issues in your case. If damages are recovered earlier by settlement or otherwise our percentage would not change, unless settlement is by pre-issue ACAS conciliation or other settlement before issue of your claim when we would charge a fee based on our hours of work on the matter at the hourly rate of the fee earner plus VAT, capped to an amount agreed with you when you instruct us.

We have an access to justice service deployed at our absolute discretion which involves a means test and a decision as to whether we have resources available at a particular time. Under this service if we can make a difference we may work for free or for a reduced fee.

Our usual fixed fee for brief initial advice by telephone or email is £200 plus VAT.

The stages of an employment tribunal claim are: (1) ACAS conciliation (pre-issue)  (2) Issue of Claim by employee  (3) Response from employer (4) Directions for disclosure of evidence and witness evidence/ expert reports  (5) work on 4  (6) In the absence of settlement an Employment Tribunal hearing  (7) sometimes a further hearing is required to determine compensation.  It is possible to seek early judgement if a party’s evidence is strong enough.

It is unusual for an Employment Tribunal to order that an employee pay the employers costs (less than 1% of cases). This might happen, for example, if you bring an abusive claim i.e. if it has no prospect of success or it is brought for vexatious reasons.

A case which which continues to judgement in the Employment Tribunal could take from 3 months to a year or more depending on complexity and how busy a particular Employment Tribunal is at the time.

Your case would be managed by Stephen Meachem who is experienced in employment law claims.  His hourly rate is £267 per hour plus VAT.  Mr Meachem practises as a solicitor regulated by the Solicitors Regulation Authority.  He holds a higher courts advocacy licence in all civil and criminal proceedings.  Mr Meachem would speak for you in the Employment Tribunal.  He is partially regulated by the Bar Standards Board. Unlike solicitors, Barristers and Solicitor Higher Courts Advocates are Counsel and have a right to be heard in the Crown Court, High Court, Court of Appeal and Supreme Court of England and Wales.

 

* The above information is intended as a summary. For full information please read our terms and conditions and other documentation prior to instructing us.