Employment Tribunal:
Information on Fees

The information on this page refers to our fees and costs for provision of advice and representation in employment tribunal cases for a claim of unfair or wrongful dismissal.

Our Fees

No Win No Fee Arrangements: We do not offer ‘no win no fee’ (Damages Based Agreements) for representation in Tribunal cases. However, we do provide ‘no win no fee’ options for assisting with negotiations.

Legal Expenses Insurance: It’s crucial to check if you have Legal Expenses Insurance as it might cover your claim or defence costs. For employees, this insurance is often included in Contents or Building Insurance policies, or as part of banking services. Employers might have Legal Expenses Insurance bundled with other insurance packages.

Working with Your Insurer: To ensure coverage, it’s essential to get approval from your insurer. Prompt notification to them is key. Insurers typically require all relevant documents and a solicitor’s report indicating a greater than 50% chance of success in your case. The rates paid by insurers vary, and if there’s a difference between their rate and our standard fees, you may need to cover the shortfall. We always seek the insurer’s approval before incurring any significant costs (disbursements) and will inform you of any potential shortfalls.

Our fees are primarily calculated based on the time we dedicate to your case, measured in hourly rates. These rates vary between £400 to £475 plus VAT, depending on the complexity of your case.

Our pricing for bringing and defending claims for unfair or wrongful dismissal

As a guide, the cost of bringing or defending a Tribunal claim to the end of a Final Hearing will be between:

Simple case: £5000-£15000 (plus VAT and disbursements). A simple case will be a straightforward claim for a single issue, no allegations of automatic unfair dismissal, no complex factors, no interim issues, one witness, one day hearing and documents no more than 100 pages.

Medium complexity case: £15000-£30000 (plus VAT and disbursements).

High complexity case: £30000 – £50000 (plus VAT and costs). Very complex matters can cost in excess of £50000 plus VAT (and disbursements).

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
• If it is necessary to make or resist requests/ applications seeking further documents and/ or inspection of original documents.
• 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), any jurisdiction issues, any time limit issues.
• The number of witnesses and documents involved
• Issues over document disclosure
• 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
• Voluminous issues in dispute or documentation
• Whether one or more experts need to be brought in to provide evidence

There will be an additional charge for attending a Tribunal Hearing of £1000 – £2500 per day (plus VAT).. However, please note that, apart from some preliminary hearings we will usually instruct Counsel (a barrister). We refer to their fees under the next heading.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barristers fees or a service or good purchased from a third party by us so that we are able to carry out legal work for you.

When preparing or representing in employment tribunal claims there may be charges due to third parties, for example, an expert’s report fees, a barrister’s fees, etc, which we pay on your behalf.

If a barrister is instructed to undertake advocacy for your hearing, the fees that a barrister will charge will depend on their seniority, skills and experience as well as the complexity of the case and the length of the hearing.

Counsel’s (barristers) fees estimated between £1500 to £4000 plus VAT for preparation including the first day in tribunal and then £750 to £2750 per day for each additional day at the Tribunal hearing (depending on experience of the advocate) for attending a Tribunal Hearing. In addition (with your agreement) we may ask a barrister to review your case and advise in conference and or review witness statements. The cost of a conference would be in the range of £750 and £4000 depending on the amount of preparation required at that stage. Review of witness statements would be likely to be in the range of

£750 to £3000.

Counsel may also be instructed to settle the claim form outlining your case and the nature of the dispute or the response form when a claim has been made against you. Counsel’s fees for this is estimated between £750 to £2750 plus VAT.

Key stages

The fees set out above may involve 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 or counter schedule of loss
• Preparing for (and attending) a Preliminary Hearing including instructing Counsel
• 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 and attendance at Final Hearing, including instructions to Counsel

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 on a fixed fee basis.

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 early conciliation, your case may take a few months. If your claim proceeds to a Final Hearing, your case is likely to take several months or longer, as often there can be quite a delay before a hearing date is available. 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.

Contact HKK LAW today

For more information regarding our services and to discuss your employment matter, please call us on 020 706 1127 or email us at hkk@hkklaw.com