Range of costs for a privately paying unfair dismissal and/or wrongful dismissal case
Our Employment team has over 90 lawyer years’ experience of providing expert, practical advice. Our employment team is a specialised, experienced team, being shortlisted for the Yorkshire Legal Awards Employment Team of the Year.
We have nine members of the team who may work on your matter (please click on links below to view individual profiles):
Claire Pegg - Solicitor
Mathew Zamyslianskyj - Legal Assistant
Regardless of who works on your matter, each individual will be supervised by one of our experienced employment law partners.
Funding of your claim
Most unfair dismissal and/or wrongful dismissal cases for private (non-union) clients are funded by way of a Damages Based Agreement (DBA) or by legal expense insurance under a home insurance policy. We would check this with you at the first appointment.
Where such means of funding is unavailable, and you also do not benefit from union membership, we may be able to advise and represent you under a privately paying funding arrangement.
Typically, the range of costs for a privately paying funding arrangement is:
- Simple case £3,000 to £5,000 excluding VAT at 20%.
- Medium complexity case £4,000 to £8,000 excluding VAT at 20%.
- High Complexity case £8,000 to £15,000 excluding VAT at 20%.
Factors that could make a case more complex may be:
- Significant issues as to whether you qualify for unfair dismissal rights or are in fact dismissed
- A large number of witnesses
- Significant amounts of documents
- If it is an automatic unfair dismissal claim e.g. if you are dismissed for blowing the whistle on your employer
- There are multiple employers i.e. more than one employer
- Complex issues of law – for example, where the case may be subject to appeal as the law is uncertain or unclear
- Multiple claims adding extra elements such as outstanding pay etc.
- If your case is a constructive dismissal one, the evidence may be more complex
- Steps needed to be taken to recover any award or money in the event of insolvency of the employer
There will be an additional charge for attending a Tribunal Hearing of between £650 to £850 per day excluding VAT at 20%. A simple case will normally have a hearing of only one day, a medium complexity case of two to three days, with a high complexity case of four days or more.
Disbursements – these are costs related to your case that are payable to third parties. Firstly, these are unusual in such a case. Secondly, if a disbursement is to be incurred it would only be with your advance permission and would only be for relatively unusual items such as a medical report from a GP or expert. A GP’s report would normally be no more than £50 to £75.
Key stages of your case - the fees set out above cover all of the work in relation to the following key stages of a case:
- 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 ACAS conciliation where this is mandatory to explore whether a settlement can be reached;
- Preparing a claim (ET1)
- Reviewing and advising on the 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
- Arranging disclosure of your evidence, 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 (although that is normally undertaken by the Respondent – the employer)
- 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 the Final Hearing
The stages set out above are an indication and if some of stages above are not required, the fees will be reduced. You may wish to handle the case 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 1-4 weeks. If your case is issued it may take longer and if it proceeds all the way to a Final Hearing (say if the ex-employer won’t agree to settle at a realistic level), your case is likely to take 8-10 weeks or more. This will also depend upon the speed in which the ET handles your case, as the speed can vary across the country and whether there are any postponements by the ET to hearings. 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 case progresses. Rest assured that we will try and represent you and resolve your case as quickly as we can.