SRA price transparency
The SRA Transparency Rules require us to provide costs information in relation some of the services we offer. Specifically, claims for wrongful dismissal (breach of contract) and unfair dismissal in the employment tribunal.
We always discuss the funding options that are available to you
including whether you have alternative means of funding your case like legal expenses insurance or trade union membership. Because every case is different, we cannot tell you exactly how much your case will cost but we will offer estimates and a range of likely costs depending on the complexities of the case.
Complexity is assessed in various ways.
. In the main, the cases value and the area of law may mean the case is difficult. For example, if you were unfairly selected for redundancy this may be a simple unfair dismissal claim. However, if the unfair selection was because you previously raised concerns of discrimination this is likely to be more complex as the tribunal will need to understand the previous issues to understand the employer’s motivation. Other complex features might be the litigation approach adopted by the employer, or a dispute over time-limits or key factual matters.
We summarise the costs for a standard claim for unfair dismissal and wrongful dismissal.
This is not intended to be an estimate and does not take account of unforeseen complexities. This should therefore not be assumed to be a quote or a definitive guide to the costs involved in pursuing your case.
The partners will discuss your situation and identify possible complexities at the beginning of our instructions, offer you regular updates of costs and, if necessary, revise the estimate of costs as your case progresses.
Factors that could make a case more complex include::
- Amending claims and/ or providing further information in an existing claim
- Adding a new claim, joining new parties to the proceedings
- Factual dispute about the sums owed
- Making or defending applications during proceedings
- Complex preliminary issues - for example, the employment status of the individual bringing proceedings or questions of jurisdiction and time-limits
- Making or defending a costs application
- The evidence available
- The numbers of witnesses;
- The evidence available and the number of documents; and
- Problems linked to disclosure of document, admissibility and requests for specific disclosure.
It is important to note that many cases settle prior to a hearing and the pre-litigation costs for negotiating a settlement generally range from around £1,500-£8,000 plus VAT (depending on how matters progress and if there is any additional work to be done).
Our usual hourly rate is £400 plus VAT (as of April 2023). Our rates may be increased each year.
If you want us to attend a Tribunal Hearing then there will be additional charges which are usually calculated with reference to our hourly rate.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees or fees for barrister/doctors or other experts and postage and courier charges. We arrange the payment of the disbursements of your behalf but need to be put in funds to do so.
Barrister’s fees vary depends on various factors including location and seniority. You should expect to pay at least £1,500 to £5,000 (plus VAT) per day in a simple unfair dismissal claim (depending on the level of experience of the barrister) to represent you at the Tribunal hearing.
For complex cases, it may be advisable to instruct a more senior barrister and their fees will be considerably higher than above. For hearings of more than one day, barrister will charge a brief fee and an additional ‘refresher’ fee for every further day at court. Travel expenses are usually extra.
Stages in a Tribunal claim
- Taking your initial instructions,
- Reviewing the papers and advising you on the merits of the case and case value;
- Entering into ACAS Early Conciliation;
- Preparing the ET1 (Claim Form) and Details of Claim,
- Preparing the ET3 (Response Form) (if a counterclaim has been made against you);
- Reviewing and advising the response from the other party;
- Considering the value of the case and merits throughout the process;
- Entering into settlement discussions throughout the process;
- Calculating financial loss;
- Preparing a Schedule of Loss;
- Preparing for (and attending) a Preliminary Hearing (including instructing counsel);
- Corresponding with opponent and Tribunal;
- Reviewing documents and preparing a List of Documents
- Exchanging a List of Documents and copies with the other party and agreeing a bundle of documents;
- Drafting witness statements and agreeing their content with witnesses;
- Preparing the bundle of documents for the Final Hearing;
- Reviewing and advising on the other side’s witness statements;
- Agreeing a list of issues, a chronology and/ or cast list;
- Preparing instructions to counsel;
- Preparation and attendance at the Final Hearing,
- Preparation of any Remedy Hearing
Not all stages are required in every case. Some clients will do some work for themselves and take advice from us as necessary as a way of reducing the costs.
How long will my matter take?
There are a variety of factors that will impact on the timescale.
If a settlement is reached early for instance before the claim is issued or before your employment has terminated, your case can take as little as a matters of days or a week to resolve. The vast majority of clients will resolve the claim before tribunal proceedings are necessary in four to six weeks.
If your claim proceeds to a Final Hearing, your case is likely to take 6-9 months. But this depends on when the Employment Tribunal arranges for the Final Hearing will take place. It is not unusual, in complex cases, for hearings to be listed 18 months after the dismissal takes place.
This is just an estimate. During the process, we keep you updated and let you know about the relevant dates for the management of your case and let you know if the costs and timescales change and provide a revised estimate.
Other funding options
No win: no fee
We often work under a damages-based fee agreement (“DBA”). It is unusual to offer representation under a DBA in employment tribunal litigation. If we are instructed under and DBA and tribunal litigation becomes necessary, we will discuss future costs and often will work on a reduced hourly rate to reflect the DBA.
Even under a DBA, you are responsible for the cost of any disbursements. These are payable as and when they are incurred. If we are successful in recovering damages on your behalf, then our fees are payable. This is usually once you have received payment from your employer.
Fixed Fees
We are open to discuss offering fixed fees for Tribunal proceedings for wrongful and unfair dismissal, this will be considered in specific circumstances.
As a guide, we set out below the following ranges for representation to various key stages. If you are interested in discussing fixed fees, we will provide an estimate and a fee proposal based on the matters relevant to your case.
• Prepare proceedings to issue – £2,500 to £7,500 (plus VAT)
• Review of ET3, prepare schedule of loss and disclosure – £3,000 to £8,000 (plus VAT)
• Trial preparation including preparation of one witness statement – £5,000 to £15,000 (plus VAT)
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If you think you have a case and want to discuss the merits, contact our team now
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