EMPLOYMENT

Fees on Employment Matters

Wrongful Dismissal and Unfair Dismissal

There are usually 2 types of claim that can arise out of Employment Law disputes; Wrongful Dismissal and Unfair Dismissal.

Wrongful Dismissal

arises when your employer breaks the terms of your contract when terminating your employment therefore there has been an alleged Breach of Contract.

Unfair Dismissal 

relates to your statutory rights where your employment is terminated for reasons that UK Law deems unjust.

Dismissal can be both unfair and wrongful.

Estimated legal costs depending upon the level of complexity:

Phase 1 – Preparation of the ET1 (Claim Form to the Tribunal)

» £500.00 to £1,000.00 excluding VAT in simple cases
» £1,000.00 to £1,500.00 excluding VAT in medium complexity cases, and
» £1,500.00 to £2,000.00 excluding VAT in complex cases.

Phase 2 – Dealing with the Employer’s ET3 (Response to the claim)

» £200.00 to £375.00 excluding VAT in simple cases.
» £400.00 to £600.00 excluding VAT in medium complexity cases, and
» £700.00 to £1,000.00 excluding VAT in complex cases.

Phase 3 – Preliminary Hearing

This is required in cases involving eligibility to bring a claim, Whistle Blowing matters and/or Discrimination. These are often conducted as Telephone Hearings in order to limit costs.

These costs can range from between £250.00 to £500.00 excluding VAT if done by way of a Telephone Hearing (for all levels of complexity).

If Preliminary Hearings are listed for legal representation and attendance, then the costs can range from;

» £900.00 to £1,000.00 excluding VAT in simple cases.
» £1,000.00 to £1,200.00 excluding VAT in medium complexity cases, and
» £1,200.00 to £1,500.00 excluding VAT in complex cases.

Phase 4 – Complying with Tribunal Directions in preparation for Final Hearing

This will usually require one or more of the following:-
» The production of a Schedule of Loss setting out the level of compensation claimed.
» Providing further details of the claim with supporting law and cases.
» The production of statements.
» The production of documents relevant to the case.
» The preparation of Trial Bundles.
The costs in relation to simple cases range from £600.00 to £1,000.00 excluding VAT.
The costs in relation to medium complexity cases range from £1,000.00 to £2,500.00 excluding VAT.
The costs in relation to high complexity cases range from £1,500.00 to £4,000.00 excluding VAT.

Phase 5 – Tribunal Hearing

Again, this is determined by the level of complexity, but we would estimate costs as follows:-

Simple case (1 day hearing): £1,500.00 excluding VAT
Medium complexity (2 days hearing): £3,000.00 excluding VAT
High complexity case (3 days or more): £2000.00 for the first day excluding VAT

£1,500.00 for each day thereafter excluding VAT

Disbursements

Barrister Fees – Brief fee for 1 day hearing in Employment Tribunal – £2500 (excluding VAT)
Refresher payment for each additional day in Employment Tribunal – £1500 (excluding VAT)
If the hearing lasts longer than above, there will be an additional charge for attending a Tribunal Hearing of approximately £1000-£1500 per day (excluding VAT).

Employers

Many employers will have Insurance in place to cover the cost of claims against them and should contact their Insurance Brokers or Insurance providers without delay.

You can insist that the Insurer agrees to you instructing ourselves as your chosen Solicitor.

The costs that the Insurer will pay may not always cover all the cost of our involvement and you may be required to supplement any such arrangement with a private paying business retainer as set out above.

If no Insurance is available, then anticipated legal costs for an employer may be more than those set out above on a private paying basis as there is often an onus upon employers to produce more information in relation to claims. Consequently, for each stage described above we would anticipate that costs would increase by approximately 15% to the amounts quoted.

Timeframes to Resolution

The time it takes from our first meeting with you to the final resolution of your case depends largely on the stage at which your case is resolved. If your case proceeds to a final Tribunal/County Court hearing, then the process is likely to take on average between 27 weeks to 1 year. If your case is resolved earlier then a resolution could be reached within a few months.

IN ALL CASES

The information on costs set out above is based upon averages. If after instructing us information comes to light that either increases or decreases the complexity, then you would receive a specific revised estimate of likely costs.

if you need any further or legal assistance, please contact us in confidance on 020 8367 05505 or email us on info@ktslegal.com and one of our solicitors will be able to help you