The costs information below is provided in accordance with the SRA Transparency Rules and the Price and Service Transparency guidance issued by the Law Society.
These Rules require us to provide costs information in relation to advising and representing employees and employers when bringing and defending claims for unfair and wrongful dismissal in the Employment Tribunal.
A claim for unfair dismissal relates to the fairness of the dismissal. A wrongful dismissal claim is a contractual claim for compensation for failure to pay some or all of notice pay. Only wrongful dismissal claims worth up to £25,000 can be brought in the Employment Tribunal. Claims exceeding this shall be brought in the High Court.
We are obliged to provide you with information about likely third party costs, such as barristers’ fees. As changes to these are outside our control we are not responsible for any errors in this information, which we are providing to you based on our experience and as a guide only.
WH Legal is owned and managed by Wendy Comerford, an expert in employment law and Tribunal Litigation for wrongful and unfair dismissal.
Instructions relating to claims for unfair or wrongful dismissal up to and including a full merits hearing (excluding appeals) are estimated as:
• Basic initial advice: £200 to £1,000.
• Standard claim: £4,000 to £12,000.
• Complex claim: £12,000 to £25,000.
• High complex claim: £25,000 to £50,000.
There are numerous factors that could make a claim more complex; these include:
• A claim for automatic unfair dismissal such as being dismissed raising a protected disclosure (whistle blowing).
• The number of witnesses including any expert witnesses.
• A hearing listed for several days.
• Seeking Counsel’s opinion at the early stages of a claim.
• Defending claims brought by unrepresented individuals or litigants in person.
• Dealing with specific applications such as a costs application.
• Dealing with preliminary issues including whether a disability claim holds merit.
• Disclosure of new evidence leading to additional legal support.
At present, we do not charge VAT. We charge an hourly rate of £200 per hour. We usually invoice on a weekly basis.
Disbursements are additional costs related to the claim payable to third parties; Examples include:
• Counsel’s fees for representing you at an Employment Tribunal. Counsel’s fees for a full hearing can be in the region of £1,500 to £15,000 in most scenarios depending on experience. We deal with the payment of disbursements on your behalf and are charged in addition to our fees.
• Travel costs (for example to the employment tribunal or to meet with you, your witnesses or Counsel) including rail, taxi fares, mileage and parking, depending on the location. We will always try to use the most cost effective means of transport. Based on a standard claim, where the location of the Tribunal is within a daily commute range and where the hearing lasts for two days, typical disbursement costs will be £100 to £200 for all chargeable travel
• Copying charges for Bundles of Documents and courier to the Employment Tribunal. Estimate costs between £100 to £150.
Settlement Agreements
If your employer wants to terminate your employment at minimal risk, it may offer a settlement agreement. In that agreement, you will waive your right to bring any employment-related claim in exchange for compensation. As you will be giving up valuable rights, you have to have advice from a relevant independent adviser, such as one of our employment lawyers. Usually your employer will agree to pay a contribution towards your legal fees and, wherever possible, we will not charge you more. If that is not possible, we will be as transparent with you as possible by letting you know how much you may have to pay when the matter concludes.
The estimated length of time it takes to deal with an Employment Tribunal claim to its conclusion can depend on a number of factors. For example, if parties are able to reach a settlement in the early stages this could reduce the time and cost of litigation considerably.
If parties proceed to a full hearing, the process can take between five to twelve months. In more complex cases, it is more likely to take eight to twelve months. The timescales are contingent upon availability of Judges and volume of claims the Tribunal is currently dealing with.
The above costs information is a guide. It is not a binding fee quote as we will provide you with a bespoke fee estimate specific to your case.
The information above does not amount to legal advice.