1. Introduction

Instructing solicitors can seem like a daunting process but it is easier if you clearly understand what the costs may be in relation to certain matters, as well as the scope of work that will be undertaken and how long it will take.

We will  always  be happy to discuss such matters with you. Please feel free to contact a member of our team to discuss in further detail.

Transparency and a clear understanding of the scope of work, timescales for delivery and costs will be important for you, and are a fundamental part of our service, which has contributed in no small part to us building trusted, longstanding client relationships over a number of years. We would very much welcome the opportunity to start that journey with you too.

The Solicitors Regulation Authority has published Transparency Rules,  requiring a solicitors to publish on their website certain key information for particular areas of legal work. Regarding employment law, you will find that information set out below for our legal services in connection with ‘ordinary’  unfair dismissal and/ orwrongful dismissal claims (in relation to unpaid notice) in an Employment Tribunal.

So, if you need any legal assistance and think that we may be able to help (including matters relating to unfair dismissal and/ or wrongful dismissal claims), please do contact us directly (whether over the telephone or by email) using the following link:  click here to request a detailed quote / to arrange a meeting  so that we can properly understand the assistance that you require and how best we help you.  You may also have other funding options available (such as cover under an insurance policy).

2. Our Fees

All of our fees are subject to VAT at the rate of 20%. In the case of disbursements, where we have indicated that VAT is chargeable on them, the rate of VAT will be 20%.

For work in connection with Employment Tribunal claims , our charge is calculated on a time basis on the following hourly rates:

£165.00 – £365.00 (plus VAT)

Whilst we can provide estimates of costs at each stage of  proceedings, we do not apply fixed fees for this type of work and we do not accept instructions on a “no win no fee” basis.

Our charges in relation to defending claims in the  Employment Tribunal , vary according to the complexity of the case we are dealing with. However, (based on the Scope of Work below) we set out below the bands of charges within which different types of cases will generally fall:

Low complexity case:£10,000.00 – £20,000.00 (plus VAT)

Medium complexity case:£20,000.00 – £40,000.00 (plus VAT)

High complexity case: £40,000.00 – £85,000.00 + (plus VAT)

The factors that can make a case more complex are as follows:

• Defending claims that are brought by litigants in person and/ or against multiple respondents;
• defending claims which comprise multiple heads of claim;
• where it is necessary to make or defend applications in the Employment Tribunal during the course of the claim ;
• complex preliminary issues such as whether the Claimant is disabled, if this is not agreed by the parties;
• number of days for which the case is listed and the number of witnesses and documents involved;
• cases of automatic unfair dismissal e.g. dismissal or being subjected to a detriment as a result of whistleblowing or discrimination;
• Making or defending a costs application

Generally, we would work on the basis of a hearing lasting 2 to 5 days for straight forward cases and 7 days or more for the more complex ones

 

3. Disbursements:

All of our fees are subject to VAT at the rate of 20%. In the case of disbursements, where we have indicated that VAT is chargeable on them, the rate of VAT will be 20%.

Disbursements are costs related to your matter payable to third parties  . such as barristers, known as counsel’s fees. You will be responsible for these payments and we will ask you to provide us with the funds in advance to pay these costs.

 

The fees associated with a barrister depend on the specific barrister and as with our fees, their experience, complexity of the issues and volume of documentation and length of the hearing and so it is not possible to provide any estimate of fees However, we shall be able to obtain a quote from Counsel for approval before any work is carried out by him/her on the matter.

If we instruct Counsel on your behalf their fees will be a disbursement that you have to pay and they are subject to VAT at the rate of 20%.

 

4. Scope of Work

Included in Our Fees as set out above is the following work:

• taking initial instructions, reviewing the papers and advising you on the merits of defending and likely potential liability for compensation. We will keep that advice under review during the course of the proceedings;
• discussing the case with ACAS and/or the employee’s representative and conducting any negotiations for settlement including dealing with mandatory pre claim conciliation with Acas;
• preparing the Employment Tribunal response;
• considering and advising upon a Schedule of Loss;
• preparing for and attending a preliminary hearing;
• preparing lists of documents and exchanging documents with the other party;
• preparing a bundle of documents;
• taking Witness Statements, drafting Statements and agreeing them with the witnesses.
• Exchanging Witness Statements;
• reviewing and advising on the other party’s Statements;
• instructing Counsel where applicable;
• attending the hearing (including where Counsel is instructed);
• advising on the question of appeal should the outcome be unfavourable.

Our Fees as set out above do not include:

• additional stages to those set out above, such as appeal work and expert fees.  The stages set out above are an indication based on a typical Employment Tribunal claim. If some stages are not required, or additional stages need to be included, then the fee may be reduced or increased accordingly e.g. if you are dealing with the case yourself.  If you do this and take advice from us on an ad hoc basis, would provide about our fees on an alternative basis, depending on how much input is actually required.

4. How long is the matter going to take?

The length of time taken to deal with the matter depends on whether the case proceeds to a full hearing or is resolved through settlement or withdrawal beforehand. If settlement is reached during pre-claim conciliation, a claim could take between 2 and 12 weeks. If the claim proceeds to a final hearing, it will take longer. Hearing times vary from region to region,  if the claim proceeds to full hearing, it could take 6 months to 2 years  . This is just an estimate and we will of course give you a more accurate timescale once we have more information and the matter progresses.

Employers can in certain circumstances bring counterclaims against individuals pursuing claims in the Employment Tribunal. However counterclaims over a certain value or which are not permitted claims will have to be pursued in the civil courts as the Tribunal has no jurisdiction to hear  them.  Our charges in relation to defending civil court action are charged on a very different basis.  Please contact us for further information.

6.Individuals dealing with your matter

Nicola Evans

Nicola Evans is a partner and Head of our Employment department, with over 15 years’ experience advising employers and employees on contentious and non-contentious employment matters. She provides clear, commercial advice on complex employee relations issues, senior-level exits and corporate transactions, and has particular expertise in defending complex Employment Tribunal claims, including discrimination and whistleblowing cases.

Jonathan Dale

Jonathan is a partner with over 30 years’ of experience advising employers on a full range of employment matters. He is particularly noted for his expertise in devising effective strategies to secure the removal of underperforming executives and the negotiation of severance terms. He also heads up our Business Immigration Team.

Gillian Markland

Gillian regularly advises both public and private sector employers on a range of matters including contracts of employment, handbooks, disciplinary and dismissals, poor performance, grievances, settlement agreements, restructure/redundancies and TUPE.

Gillian also advises employees on grievances and settlement agreements.

Nick Fraser

As a former in-house lawyer, Nick has considerable experience in the areas of Corporate, Commercial, Employment and Pensions Law. His particular expertise is corporate restructuring and simplification. He was a Solicitor and Group Company Secretary in a large pharmaceutical and chemical business.

Fiona Philips

Fiona is a Chartered Accountant and Chartered Tax Advisor with many years experience advising private and public companies on all their aspects of corporate tax affairs including employment taxes.

Daniel Allen

Based in our Hull office, Daniel supports the firm’s busy Employment team. As well as assisting with the preparation of Settlement Agreements, Service Agreements and Contracts of Employment. Daniel also supports clients with their general employment queries.

Iona Thompson

Iona is a paralegal in our Employment team, predominantly based in York. She supports colleagues and clients across a range of employment matters, including settlement agreements, contracts, policies, handbooks, redundancies, grievances and potential Equality Act 2010 claims. She also assists with Employment Tribunal preparation and the negotiation of settlements ahead of final hearings.

7. Fixed Fee Retainers

We offer fixed fee retainers to businesses covering ad hoc employment law advice. The scope of the retainer and the fee payable is a matter of negotiation and will depend on a number of factors including but not limited to:

• the number of employees involved;
• anticipated level of usage and degree of support required;
• If an existing client, their advice history

For further information regarding our retainer terms  please contact Nicola Evans Nicola.evans@andrewjackson.co.uk