At Robertsons Solicitors, we hope that cases settle without bringing the matter to the employment tribunal. If this can be done, it means that your legal costs are lower and matters are concluded quicker.
However, if cases can’t settle, then our expert legal team will ensure that you get the best representation for any claim.
The VAT referred to below is at the current rate of 20%.
Settlement Agreements
If you are entering into a Settlement Agreement, our costs for providing advice and drafting the necessary document will be around £450 - £750 + VAT (Total: £540 to £900) depending on the complexity of the matter. This fee is usually paid for by the employer.
Estimate of other costs
Within our first consultation with you, we will be able to discuss your case and the likely fees that will be incurred, depending on the complexity of it.
Simple case: £1,750 - £4,000 + VAT (Total: £900 - £4,800)
Medium complexity case: £2,500 - £7,500 + VAT (Total: £3,000 - £9,000)
High complexity case: £5,000 - £25,000 + VAT (Total: £6,000 - £30,000)
Factors that could make a case be classed as a simple case:
- only having to deal with ACAS as the matter settles with their involvement
- settling the case by discussions with your employee prior to any claim being made
Factors that could make a case medium or high complexity:
- if it is necessary to defend applications or to provide information about an existing claim;
- defending claims that are brought by litigants in person;
- making or defending a costs application;
- complex preliminary issues such as whether the employee is legally defined as disabled (if this is not agreed by the parties);
- the number of witnesses and documents;
- if it is an automatic unfair dismissal claim, eg if the employee is dismissed after whistleblowing;
- allegations of discrimination which are linked to the dismissal.
Disbursements
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.
There are not usually many disbursements in employment law matters from an employer's point of view. It depends on each case. However, fees for a barrister are classed as disbursements. Most disbursements will have VAT added. Before incurring any disbursements, we shall discuss this with you and what the cost will be.
Barrister’s fees estimated between £1,000 and £2,500 per day + VAT (Total: £1,200 and £3,000), depending on experience of the advocate, for attending a tribunal hearing (including preparation). There may be other disbursements such as the need for medical evidence or other reports from other profesions depending on the arguments that you are advancing in your case. These payments will be depend on what is required. These disbursements may cost in the region of £500 to £2,000 + VAT (Total: £600 to £2,400)
Key stages
The fees set out above cover all of the work in relation to the key stages of a claim:
- taking your initial instructions, reviewing the papers & advising you on merits of the employee’s case (to be revisited throughout the matter & subject to change);
- entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
- preparing a response;
- reviewing and advising on the claim or response from other party;
- exploring settlement and negotiating settlement throughout the process;
- considering a schedule of loss;
- preparing for (and attending) a Preliminary Hearing;
- exchanging documents with the other party and agreeing a bundle of documents;
- taking witness statements, drafting statements and agreeing their content;
- 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 the barrister.
The stages set out above are an indication and if some of the stages above are not required, the fee will be reduced. 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.
How long will your application 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 around 4 - 6 weeks. If your claim proceeds to a final hearing, your case is likely to take 3 to 9 months. 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.
