Many of our cases are resolved at an early stage, without recourse to litigation. However, where it is necessary to pursue a claim, we advise and represent employees in bringing unfair or wrongful dismissal claims before the Employment Tribunal.

 

What are our fees for bringing an unfair or wrongful dismissal case before the Employment Tribunal?

As a general guide only, our fees for this work may range from £20,000 to £60,000, and sometimes more, depending on the complexity of the case (excluding VAT and other costs). However, every case is different and we provide a bespoke service and costs estimate based on your particular circumstances.

Our fees are based on the amount of time we work on a case by applying the hourly rates of the team member involved. Hourly rates depend on the team member’s level and experience and range from £195 (Paralegal) to £395 (Assistant Solicitor) to £525/550 (Partner). All of our cases are supervised by a Partner. We typically work as a team as it may be economical for a less senior team member to carry out tasks at a lower hourly rate. 

 

Who will be working on my case?

Meet the employment team here.

 

What other costs are involved in my case?

In addition to our fees noted above, you would also need to pay any other third party costs on your case, of which barrister’s fees are usually the majority or all. We typically involve a barrister to assist with your representation. Their fees vary depending on their experience and the amount of involvement required. Your third party costs (excluding VAT) may range from £5,000 to £25,000, and sometimes more, depending on the complexity of the case.

 

What factors determine overall cost?

Factors that influence costs may include the following:

  • The case does not settle in the early stages and/or protracted settlement negotiations
  • Making or defending applications to amend claims or to provide further information
  • Non-standard applications, orders and hearings (e.g. strike-out applications, specific disclosure orders, further pre-trial hearings to deal with preliminary matters if these are not agreed between the parties)
  • The number of witnesses and documents
  • The approach taken by the counterparty or their legal advisers
  • A claim involving multiple allegations over a protracted period of time
  • If an employee is dismissed after blowing the whistle (exposing misconduct) on their employer; and / or allegations of discrimination which are linked to the dismissal
  • A multiple day tribunal hearing
  • Making or defending a costs application

 

What are the key stages of litigation?

The litigation costs referred to above cover our work in relation to the following main 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, reviewing and advising on your claim
  • Exploring and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss
  • Preparing for and attending a Preliminary Hearing
  • Exchanging documents with the other party
  • Preparing and reviewing witness statements
  • Preparing bundles of documents
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparing for and attending a Final Hearing, including instructions to Counsel

 

How long will my matter take?

The length of your case (from taking your initial instructions to the final resolution of your matter) depends on its complexity and when it is resolved. If a settlement is reached during pre-claim conciliation, it could take approximately 4-6 weeks. If it proceeds to a Final Hearing, it could take approximately 6-12 months or more depending on various factors including its complexity, the employment tribunal process and the counter-party. These are estimated timescales only. We would provide further information on timing at the start of your case and as it progresses.

If you require assistance, please contact us or request a call from one of our lawyers.

Meet the Employment team

Our team is ranked No.1 by the Legal 500. We are recognised for our cutting-edge work for senior executives and “excellent knowledge of how the City works”.

Our lawyers have particular expertise advising on individual and team moves, whistleblowing, and discrimination claims.

Tim Spillane, Partner, Head of Employment, Stewarts