The cost of Employment Law

We assist both employers and employees with their employment matters (although, we will clearly not represent an employer and employees in the same case). If negotiated settlement can’t be achieved in an employment dispute, it is likely to inevitably end in an employment tribunal with a claim of unfair dismissal, unfair selection for redundancy, unfair discrimination or harassment or constructive dismissal.

Due to the nature of this type of work where much depends on what’s involved, we cannot provide a fixed fee option. We can and will provide you with an indication of typical fees for the different types of work we carry out in the Employment Law field.

We will charge a time-based fee for this type of work. The level of fee charge will depend on who deals with this work for you. Our current rates per hour for the different categories of fee earner in our firm are as follows:

We will now consider typical costs for different types of cases within the Employment Law sector.

Employment Tribunal Proceedings

Where we are instructed to deal with matters relating to dismissal which require resolution before an employment tribunal, much will depend on the difficulty or complexity of the case. It is not possible to provide a fixed fee at the outset.

However, we can advise that we are able to provide some typical examples of costs involved in these types of cases. Again, as in all cases, the circumstances are particular to the case and the costs we now provide are to give you an indication of the possible costs and are not defined or fixed.

A simple employment case

A case of this nature is where (acting for the employee, for instance) notification is provided to your employer of a claim and settlement achieved through negotiation prior to lodging of an employment tribunal claim. In such a case, a typical fee could be up to £2,400 (exclusive of VAT). When VAT of 20% is added, the typical cost will be £2,880 (including VAT)

A more complex employment case

A case of this nature is where early settlement is not possible and results in the lodging of an ET1 claim or ET3. However, following lodgement, a negotiated settlement is achieved prior to full evidential hearing. In such a case, a typical fee could fall within the range of £2,400 (exclusive of VAT) to £7,200 (exclusive of VAT). When VAT of 20% is added, the typical cost will range between £2,880 (including VAT) and £8,640 (including VAT).

A highly complex employment case

A case of this nature is where matters proceed to a full evidential hearing or settlement is achieved immediately prior to full evidential hearing. In such a case, a typical fee would likely start at £6,000 (exclusive of VAT) with no upper limit. When VAT of 20% is added, the typical cost would start at £7,200 (including VAT).

Are there any additional costs involved?

It is always difficult to predict in advance what additional costs may be involved. However, additional costs can be incurred. For instance, there may be a need to obtain specialist reports to present to the Employment Tribunal. You may need to obtain and pay for information to support your case. We will advise you of the position as soon as we are aware that there is such a requirement and inform you of the likely costs.

What’s involved in Employment Tribunal Proceedings?

Whilst this is an illustration of a typical case each case will differ and not all steps in the process may be required. Costs will vary accordingly. Some typical steps in the process will include:

• Initial consultation, considering matters and providing initial advice.
• Entering into discussions with employer, ACAS via early conciliation to discuss possible.
• If agreement cannot be reached preparing an ET1 Claim form or ET3 response form.
• Considering documents lodged by opponent.
• Considering and adhering to orders issued by the Employment Tribunal.
• Considering necessary witnesses and taking witness statements.
• Preparing Schedule of Loss or disputing Schedule of Loss.
• Preparing for and attending any hearings fixed other than a full evidential hearing.
• Preparing a bundle of documents.
• Preparation and attendance at a final hearing.
• Preparing and attending any hearing on costs where appropriate.

Does this cost include everything?

We have provided a list of the common steps we take in most employment case. However, every case is different and, on many occasions, there are factors which can make a case more complex and incur additional costs. Such factors might be:

• Defending a case made by a party litigant.
• Any complex preliminary issues
• The number of witnesses or documents
• The reasons for dismissal (e.g., whistleblowing)
• Any discrimination issues.
• Making or defending a costs application.

This list is not exhaustive but gives an indication of the types of issues we sometimes face when dealing with an employment matter.

Please be aware that all costs detailed do not include any outlays incurred. These will be considered separately. We will discuss any outlays with you prior to them being incurred. We will expect you to make payment of any outlays upfront.

The stages set out are only an indication of what is required. Additional stages may be required, or some may be missed out. Your fee will be amended to reflect this. We would reiterate that these costs will vary depending on the individual circumstances of your case.