Excello Law Employment Tribunal services pricing

Description of services:

1. Advice and representation to employees in relation to the bringing of claims before the Employment Tribunal against an employer for unfair dismissal or wrongful dismissal
2. Advice and representation to employers in relation to defending claims before the Employment Tribunal brought by an employee for unfair dismissal or wrongful dismissal.

Overview of costs

There are a number of ways to fund a Tribunal case. You may have other funding options available, such as cover under an insurance policy, and we will check that with you at your first appointment.

Some firms offer arrangements like conditional fee or damage-based agreements but we rarely do so.  All of these options will be discussed with you in the initial meeting.

Our range of fees:

• Simple case: £4,000 – £8,000 (excluding VAT)
• Medium complexity case: £8,000-£15,000 (excluding VAT)
• High complexity case: £15,000 – £80,000 (excluding VAT)

Factors that could make a case more complex and thus impact on the costs are:

• 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 is not agreed by the parties)
• Having a preliminary hearing
• Issues over disclosure of documents and seeking specific disclosure orders
• The number of witnesses and statements that need to be prepared and read
• The volume of 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
• The more claims you have the more complex this makes your case
• Postponements being granted due to issues with the listing

There may be an additional charge for attending a Tribunal Hearing which will be discussed with you in advance.

Our charges are based on hourly rates and these hourly rates differ depending on the solicitor representing you. Charging rates are determined by the location of the solicitor and their level of qualification and experience.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees and counsel’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process so will ask you to make a payment to us in advance of the disbursements being incurred as you are responsible for the disbursements incurred.

Counsel’s fees:

Counsel’s fees range between £1,500 to £40,000 (plus VAT) per case (depending on experience of the advocate and the number of days your case is listed for) for attending a Tribunal Hearing (including preparation).

Preliminary hearings are usually at a lower rate than a full hearing as they are shorter.

Counsel’s fees for hearings are usually broken down into a brief fee (which is larger and covers the first day at hearing and all the preparation) and typically ranges from £1,500 – £20,000 (plus VAT) (depending on the experience of the advocate, the complexity of the case and the number of days preparation required).

Day 2 onwards are charged on a daily rate called a refresher and are typically £750 – £8,000 (plus VAT) (depending on the experience of the advocate and the complexity of the case).  We can get quotes in advance from counsel.

Medical evidence

In some cases, it may be necessary to obtain medical evidence.  Doctors often make a charge for copies of your notes and reports and this can range from £40 to £250.  If expert evidence is required from a medical specialist this can increase the costs significantly. For example; in a disability case to show you are disabled or to show your injury to feelings in a discrimination case. The specialist will charge for consultations, reports and attendance at Court if this is required.  Typical costs range from £2,000 to £9,000 depending on the professional and the amount of work they need to do.  We can obtain fee quotes in advance.

Experience and qualifications of our lawyers providing employment tribunal services:

Please click here to see the full details of our lawyers providing these services.  The majority of our employment lawyers have more than 15 years’ experience in this area since qualifying.  Newly-qualified employment lawyers work within a team structure under the guidance and supervision of a senior employment lawyer.

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 party’s witness statements
• Agreeing a list of issues, a chronology and/or cast list
• Preparation for 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 may 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.  The fees quoted do not cover an appeal to the Employment Appeal Tribunal.

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 4-16 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 20-52 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 and as the matter progresses.

The Employment Tribunal is currently experiencing a high demand for hearings and as such hearings are being listed nearly 18 months away.  This can depend on the Tribunal at which your case is being heard and also whether a preliminary hearing is required as this will make the estimate longer.  These are all factors outside of our control and your solicitor will be able to provide you with an estimate accordingly to their knowledge of the Tribunal where your claim will be heard.