Unfair dismissal/Wrongful dismissal claims

Allan Janes act for employers and employees on bringing or defending unfair or wrongful dismissal claims at an employment tribunal.

Our fees are based on hourly rates which are dependent on the experience and seniority of the fee earner dealing with your work. These are set out below.

Illustrative range of fees

For cases which are deemed to be ‘not complex’, i.e. a straight forward wrongful dismissal claim, brought in the employment tribunal involving a trial of no more than one day, we would estimate £10,000 plus VAT. For ‘moderately complex’ claims involving advising and representing either an employee or employer in the claim or defence for claim of a moderately complex matter involving up to a three-day hearing, we would estimate £20,000 plus VAT and disbursements. For claims which are very complex, involving a hearing of more than 5 days, our estimate is around £75,000 plus VAT.

The illustrative examples set out above cover the following: -

  • Taking initial instructions, reviewing the relevant documents, and advising on the merits of the case, dealing with ACAS early conciliation where appropriate, and preparing and filing a claim or response.
  • Preparing, considering, advising upon the schedule of loss, attending to disclosure of documents, and reviewing the other sides documents. If acting for respondents, this will include the preparation of the bundle for the full merits hearing.
  • Taking and filing and exchanging witness statements, considering and advising upon the content of the other party’s statements.
  • Preparation for and attendance at the full merits hearing.

These fees do not include the following which may arise in some case: -

  • Preparation for and attending preliminary hearings.
  • Making or opposing applications for orders form the tribunal.
  • Complying with orders which deviate from the standard directions for disclosure of documents, preparation of bundles (where appropriate) and exchange of witness statements.
  • Instructing Counsel or expert witnesses.
  • Preparing for or attending a separate remedy hearing.
  • Making or opposing any appeal.

In addition, the above illustrative examples only. The cost of a service can be dependent on many variable factors which may or may not arise in cases. These include: -

  • The value and complexity of the case.
  • The number of parties involved in the case and whether they are legally represented.
  • The party’s approach to alternative dispute resolution, including whether the case is withdrawn or settled at an early stage or contested to a final hearing. In addition, lengthy and complex negotiation to subsequently unsuccessful, may increase the value of a claim.
  • Subsequent remedy hearings.
  • The volume of documentation.
  • The number of witnesses and the complexity of the facts on which they are giving statements.
  • The number of preliminary hearings (if any) which occur before the final merits hearing.
  • Any interim applications made in the course of the claim.
  • The client’s level of involvement in the case, including whether they wish to deal with any aspects of case preparations themselves.
  • The client’s strategy or the agreed strategy for dealing with the case.

Actual costs of the service could be significantly higher than the illustrative examples set out above, depending on the facts of the case. That being said, the actual cost of the service can be less than the fee illustrations set out above if, for example, there was an early settlement of the case and did not proceed to the major steps in the litigation, including witness statements, disclosure, the full merits hearing.

At the beginning of each case we will provide you with a full costs estimate and you wil be kept updated on costs throughout the matter. A revised costs estimate is always provided if the scope of the work changes and the estimated costs are likely to increase.

Disbursements

The illustrative fee examples above do not include disbursements. Disbursements are costs incurred on your behalf in dealing with your claim which are not Allan Janes’ fees. These are; travel costs; accommodation costs (where necessary); and photocopying charges. Travel costs are usually by rail and are standard class returns. Photocopying charges are 20p per sheet. We will always seek to book travel and hotels at the best available rates. VAT is chargeable on disbursements (with the exception of court fees) at 20%.

In some cases, we may instruct Counsel (a barrister) for example to advise on the merits of the claim or to deal with advocacy at a hearing. The amount charged by Counsel varies according to their seniority and experience.

In relation to all disbursements, these costs will be agreed with you in advance of being incurred.

Hourly rates and experience and qualifications of our team

The solicitors in our employment team may, from time to time, be assisted by paralegals, trainee solicitors, and/or apprentices.

We will always ensure that the right person with the right level of qualification and experience is dealing with your claim. All work will be appropriately supervised in accordance with the SRA code of conduct.

We currently one solicitor in our Employment Department, charging out at £220 plus VAT per hour.

Time Scales

The time taken to deal with a case is largely dependent on the facts, the parties, and the complexity of the claim. Many cases settle at an early stage, such as at ACAS early conciliation, within a matter of a few weeks (between 3-8 weeks).

Claims which proceed to a full merits hearing will again depend on the likely duration of the hearing which is dependent on the complexity of the issues. A simple wrongful dismissal claim with a time estimate of half a day is likely to take around 6 months. Complex claims for unfair dismissal which are scheduled for a hearing of several days could take 18 months or more. The timescales are largely dependent on the caseload of the courts and tribunals.

The above estimates are for illustrative purposes only, and timescales will be discussed with you on a case by case basis, on the basis of the information provided and throughout the case as it progresses.

Funding

You may have an insurance policy, under which your insurer is liable to cover your legal costs for a wrongful dismissal or unfair dismissal claim. We can discuss this with you on receipt of your initial instructions.

 

For more information on Employment and to see the Employment team check our services page on Employment