Bringing or Defending a Claim for
Unfair or Wrongful Dismisal

Fees
We charge for dealing with an unfair or wrongful dismissal claim on an hourly basis, at the rates below. We require a payment on account if you decide to proceed, and we bill for work in progress at the end of each calendar month.

Name and PositionQualification Year AccreditationsHourly Rate
Faye Reynolds,
Solicitor & Head of Employment
2004£270 per hour plus VAT
Michael Brady,
Solicitor & Director
1979£225 per hour plus VAT

Please refer to individual profile pages for details of qualifications and experience.

Employment Tribunal claims vary tremendously in terms of the amount of documentation involved, the number of witnesses, the complexity of legal issues and the number and length of any hearings. This makes predicting the likely total cost of representation difficult. We have provided a range of costs below and outlined some of the factors which are likely to influence where a case will fall.

Simple case: £10,000 – £14,000 (plus VAT)
A straightforward unfair/wrongful dismissal claim, and perhaps a very simple allegation of discrimination based on a single alleged act or omission. The final hearing is usually 1-2 days.

Medium complex case: £14,000 – £24,000 (plus VAT)
A more complex unfair dismissal claim such as a constructive dismissal claim, an automatic dismissal claim, and perhaps includes a simple allegation of discrimination based on a single act or omission. The final hearing is usually 2-3 days.

High complex case: £24,000+ (plus VAT)
A claim for unfair dismissal with additional claims including multiple allegations of discrimination, automatic unfair dismissal, whistleblowing, status and jurisdiction matters. The final hearing is usually in excess of 3 days. 

If the case settles at an earlier stage and does not involve a final hearing, costs are likely to be considerably less than the above estimates. We always aim to settle a claim at the earliest stage possible if this in in your best interests and you agree with the proposed course of action.

Factors that could make a case more complex and therefore fall outside of the above guidelines:

  • if it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • defending claims brought by litigants in person
  • complex preliminary issues such as employment status or whether the claimant is disabled (if this is not agreed by the parties)
  • the number of witnesses and documents
  • the case involves dismissal following whistleblowing
  • allegations of discrimination linked to the dismissal
  • if expert evidence is required
  • a hearing going beyond 3 days
  • the final hearing is postponed or relisted
  • a further hearing has to take place to determine remedy
  • making or defending a costs application

Whilst advocacy undertaken by Davey Law is covered in the above fees, there will be an additional charge if it is necessary for an additional solicitor, paralegal or trainee to attend a Tribunal Hearing of £1,500 per day (plus VAT). The above pricing guide does not include travel time or disbursements, or counsel’s fees should a barrister be required.

Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. Currently no court fees are charged in order to bring or defend proceedings in the Employment Tribunal. Apart from Counsel’s fees (mentioned below) the other likely disbursements are photocopying charges, travel and accommodation expenses. These are likely to total between £125 and £250 for simple cases, £250 to £750 for medium complexity cases, and £750 to £1500 for high complexity cases, in each case plus VAT.

  • Counsel’s fees

We may need to instruct Counsel (a barrister) to represent you at a Tribunal hearing. To limit costs, we do not normally attend the hearing with Counsel unless you ask us to do so, in which case we charge you at our hourly rate of the individual attending, in addition to Counsel’s fees. 

Counsel’s fees for a preliminary hearing will depend on the length of the hearing and whether it takes place at the Tribunal or by telephone/electronic means.  You should expect this to cost in the region of £1,000 – £2,500 plus VAT. 

For final hearings, Counsel’s fees depend on the seniority of the barrister but are estimated to be between £2,000 – £6,000 plus VAT for a one-day hearing and thereafter £1,500 – £4,000 plus VAT per day for each additional day at the Tribunal hearing. If a case settles once Counsel has received the papers, the fee for the first day is usually still payable even if the hearing does not proceed.

  • Expert fees

It may be necessary to obtain expert evidence, if there is a dispute regarding disability or the claim involves personal/psychiatric injury. In this case additional costs are likely to be payable which we cannot forecast here as it will depend on the quotation given to us by the expert. We will always discuss and agree such costs with you. 

Our Services
The fees set out above cover the work in relation to the following key 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 the claim or response
  • Reviewing and advising on the claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss/counter-schedule of loss
  • Liaising with the Tribunal and the other party or parties
  • Preparing for (and attending) a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents for use at the hearing
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing the bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation and attendance at Final Hearing, including instructions to Counsel if we are not undertaking the advocacy ourselves.

The stages set out above are an indication only and if some of the stages above are not required, the fee may be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged based on your individual needs.

Time Scales
The time it takes from taking your initial instructions to the final resolution of your case depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim conciliation, a case is likely to take 6 weeks.

Timescales are largely determined by the complexity of the case and the Employment Tribunal’s waiting times for hearings. Waiting times vary considerable depending on where your claim will be heard. On average, completion times for an Employment Tribunal claim is estimated to be between 12-24 months.

We will be able to give you a more accurate time scale once we have more information and as the matter progresses.

Assessing the merits of your claim 
When you call us to discuss your claim, we can agree an initial fixed fee to provide you with a realistic assessment of the merits of your claim. The fee will be based on how long we think we will need to understand the background to your claim and peruse any documentation, which is likely to be between 1 and 4 hours, depending on the volume of documents involved, which can be substantial if the claim concerns a dismissal or discrimination

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