FIXED FEES

EMPLOYMENT LAW

 

For Employee

Our pricing for bringing claims for unfair or wrongful dismissal.

Normally we will charge an initial fee, fixed but based on our hourly rate to assess the papers to establish if there is a claim. We will discuss this fee with you in advance so that everything is clear in terms of what is being assessed and how much it will cost. We cannot guarantee that this will mean your case will progress to the Tribunal, it will be an assessment of merit and advice in respect of moving forward.

Following that we will either look to fund the case via any trade union membership you have or household insurance. If funding is not available through those options we can either charge you on an hourly rate (£200 + VAT) or work under a no win no fee arrangement.

The hourly rate will be payable whatever the result of the case and it is likely we will ask for payments on account as we go along. We would anticipate such fees for a 1 day Tribunal to be £4,000 - £6,000 plus VAT and any disbursements. More complex cases would increase these fees.

A no win no fee arrangement would be that if the case settles or you receive an award at Tribunal you would pay us a percentage of the sum you settle for or are awarded. This is usually 35%, however if the case is extremely straight forward the percentage may reduce.

 

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

  • Making or defending a costs application

  • Complex preliminary issues such as whether you are disabled (if this is not

agreed by the parties)

  • 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 

  • Allegations of discrimination which are linked to the dismissal

It is likely that if we are acting under a no win no fee agreement the above will be included (unless the costs application is against you for your conduct).

If you are paying on an hourly rate those matters will increase the fees. It is difficult to estimate the additional cost as each case is different but we will discuss the fees with you in advance.

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.

Counsel's fees estimated between £750 to £1,500 (plus VAT) per day (depending on

experience of the advocate) for attending a Tribunal Hearing (including preparation).

Please note that even on a no win no fee arrangement if you wish to have a barrister you will have to pay these fees.

We will also charge you mileage and parking costs of attending all hearings at the Tribunal, including if you are on a no win no fee deal.

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;

  • Preparing claim or response

  • Reviewing and advising on claim or response from other 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 a bundle of documents

  • Taking witness statements, drafting statements and agreeing their content with witnesses 

  • Preparing bundle of documents 

  • Reviewing and advising on the other parties 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 some of stages above are not required, and if you are paying on the hourly rate 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.

 

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 6 weeks. If your

claim proceeds to a Final Hearing, your case is likely to take 26 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 and as the matter progresses.

For Employers

Our pricing for defending claims for unfair or wrongful dismissal is based on our

hourly rate of £200 + VAT and will be subject to specific time recording. However by

way of indication we can show;

Simple case: £5,000-£7,000 (excluding VAT)

Medium complexity case: £7,000-£10,000 (excluding VAT)

High complexity case: £10,000-£15,000 (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

  • Making or defending a costs application

  • Complex preliminary issues such as whether the claimant is disabled (if this isnot agreed by the parties)

  • The number of witnesses and documents

  • If it is an automatic unfair dismissal claim e.g. if the employee is dismissed after blowing the whistle on your employer 

  • Allegations of discrimination which are linked to the dismissal 

There will be an additional charge for attending a Tribunal Hearing of £1,500 per day (excluding VAT). Generally, we would allow 1 day depending on the complexity of your case.

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.

Counsels fees estimated between £750 to £1,500 + VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

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;

  • Preparing claim or response

  • Reviewing and advising on claim or response from other 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 a bundle of documents

  • Taking witness statements, drafting statements and agreeing their content with witnesses 

  • preparing bundle of documents 

  • Reviewing and advising on the other parties 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 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.

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 6 weeks. If your

claim proceeds to a Final Hearing, your case is likely to take 26 weeks. This is just an estimate and we will of course be able to give you a more accurate timescaleonce we have more information and as the matter progresses.

© 2020 by Cheshire Law Associates (UK) LTD is Authorised and Regulated by the Solicitors Regulation Authority, SRA Number 569010 and Company Number 8003033.

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