If you have terminated an employment contract and an employee raises an unfair and/or wrongful dismissal claim against you, our employment team can support and advise you on your position and provide practical and robust recommendations to minimise disruption to you and your business. Our team are highly experienced in settling claims before they reach court but are able to represent you at an Employment Tribunal if necessary.
If you have Legal Expenses Insurance (LEI), depending on your particular insurance provider, part or all of your legal fees may be covered. We recommend exploring this with your insurance providers directly.
If you do not have LEI you will be able to pay privately.
Range of costs
When acting in such matters costs are calculated based on our hourly fee rates. The cost of your matter will depend upon the complexity however below are the average ranges for simple, medium, and high complexity matters.
Simple matters: £8000 to £12,000 plus VAT (currently 20%)
Medium complexity case: £12,000 to £20,000 plus VAT (currently 20%)
High complexity case: £20,000 to £60,000 plus VAT (currently 20%)
The above costs would include:
- Taking initial instructions;
- Reviewing papers;
- Representation during ACAS Early Conciliation (where this is mandatory);
- Advising on merits and likely compensation;
- Completion of claim form outlining your response to the claim (ET3);
- Drafting witness statements;
- Defending a claim up to and including trial.
Please note - The above costs do not include Solicitors’ costs for attendance at trial or barrister fees should we be required to instruct a barrister (Counsel).
Factors that may increase complexity:
- Attendance at conference(s) with Counsel and at Tribunal hearing;
- Obtaining witness statements;
- Jurisdictional issues;
- Making or defending a costs application;
- Allegations of discrimination which are linked to the dismissal.
Alternatively, as the fees are calculated on an hourly fee basis, if a matter settles early then usually the cost will be lower.
Additional disbursements that you may be required to pay:
Counsel’s fees (estimated):
- Simple case: £2,000 plus VAT.
- Medium Complexity case: ‘Brief fee’ (usually includes trial preparation and the fee for first day spent in Tribunal): £2,500 plus VAT; ‘Refresher fees’ (covering each subsequent day spent in Tribunal) £1,000 plus VAT (per subsequent day).
- High Complexity case: Brief fee £3,500 plus VAT; Refresher fees: £1,500 plus VAT (per subsequent day).
Employment matters will vary according to complexity. Unfair and wrongful dismissal matters are usually concluded within 4 to 18 months. Factors impacting on the timescale will include how cooperative and responsive your ex-employee and/or their legal representation is. We will always aim to progress your case as quickly and efficiently as possible and keep you updated.
Our highly experienced employment law team provides clear, helpful employment law advice and representation to businesses, workers, employees, directors and professionals.
The team is led by David Baynton, Partner, who specialises in employment law and has acted for a wide range of employers as well as senior executives and employees. He qualified as a solicitor in 2010 and has over a decade of experience advising on contracts and terms and conditions of employment, handbooks, policies and procedures, restructures and redundancies, discrimination, TUPE, settlement agreements, and litigation in courts and employment tribunals. David will lead your case and be supported by Laura Ramos, Trainee Solicitor and Kinga Burzynska, Paralegal.