Employment
Law
Services in relation to bringing or defending an unfair dismissal or wrongful dismissal claim in the Employment Tribunal:
Our employment solicitors act for a broad range of employers including entrepreneurial start-ups, well established public companies and professional institutions. We also focus our practice on representing senior executives, board directors, partners, entrepreneurs and high-net-worth individuals. We also regularly build cross teams to deliver a seamless client service, for example, in matters that require the involvement of our immigration, corporate & commercial teams.
We believe in ensuring quality in our services and aim to ensure that the funding of your case is cost-efficient and entirely transparent. We thrive in providing you with dedication to your case but we understand that the costs of your case will be important to you and to those involved in your case. It is important that you are fully aware of how much you will need to pay. We will always agree costs in advance of any particular case once we have had an opportunity to assess the issues and the level of work and assistance required. We will take time to agree the costs with you by understanding you, your case and the work involved. However, in order to provide a good estimate of the sort of level of fee you will pay (whether that be an agreed fee or a range of the costs involved in a typical case) if you were to instruct us, we have set out on our website a breakdown of our standard charges for bringing or defending claims in the Employment Tribunal, either a claim for unfair dismissal or wrongful dismissal. There may be other costs that you would need to pay over and above our fees and we aim to provide information of those in addition. Our aim is to enable you to have a good understanding of what it may cost you overall.
In some areas of work, you may also have the benefit of other sources of funding such as legal expenses insurance or funding through a trade union or other representative. Please do not hesitate to contact us to explore your options. If you have any questions or require employment advice, please email us at enquiry@gulegal.org.
Our Charges
We recognise that our clients seek not only exceptional legal expertise but also transparent and flexible pricing options. We are committed to providing the highest quality services at a fair and agreed cost. Our overall fees vary depending upon how complex your case is and what you would like us to do. For a free quote specifically tailored to your circumstances please email info@gulegal.org or enquiry@gulegal.org. We would be more than happy to discuss your case.
Most of our services are offered on an hourly rate basis and as many of our clients’ matters are complex and often involve multiple parties, there is rarely a typical case. Our clients are given an estimate of costs after our initial meeting or as part of the engagement process. There are some areas where we are able to be more indicative and, as in accordance with the Solicitors Regulations Authority (SRA) guidance on price transparency, we have published our price and service information where it is possible to be upfront about charges without knowing all the details of the matter.
We generally base our fees on hourly rates although on some work we are able to offer fixed fees. The current members of our team and their hourly rates are as follows:
SENIORITY OF THE FEE EARNERS FEE BANDS (EXCLUDING VAT)
Partner/Director £350-£750
Consultant £200-£500
Senior Associate £250-£450
Associate £200-£375
Our charges are made up of:
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our fees for the legal work;
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‘disbursements’ - disbursements are costs related to your matter that are payable to other people, such as fees for a barrister’s opinion or help at Court. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Where VAT is referred to below please note that this will be charged at the applicable rate, which is currently 20%.
The exact number of hours it will take will depend on the circumstances in your case. Relevant factors could include:
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the level of advisor needed. Ordinarily, we would need to use the services of a more senior solicitor
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the complexity of the case
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the amount of supporting evidence that we would need to consider
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the number of days of hearing
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the number of documents, number of witnesses, interaction with the other side and interim hearings which are listed by the Employment Tribunal.
The number of hours it will take to deal with your case can vary greatly.
The following estimates for time are the same for both unfair dismissal and wrongful dismissal claims in the Employment Tribunal only. However, wrongful dismissal claims can also be brought in the County of High Court and different fees will apply. If there are other claims being brought within the unfair or wrongful dismissal claim, such as discrimination, this may also impact on the costs estimate.
Set out below are more details about the work involved and estimates for different stages of a matter. It may be that you will not need us to assist with each stage. Based upon the below, should you require our assistance from the early conciliation process to the final hearing the total cost for handling a matter could be between 73 and 109 hours. Based on our maximum hourly rate above this would amount to between £54,750 plus VAT @ 20% (£10,950) (total £65,700) to £81,750 plus VAT @ 20% (£16,350) (total £98,100).
Free Initial Enquiry
We do not charge for considering new enquiries. Whether you are an individual or a business, you can contact us for free and your enquiry will be reviewed directly by our specialist solicitors. If we have a solicitor with relevant expertise available to advise you then we will be in touch to confirm availability and pricing options.
Type of fee arrangements offered
We generally charge on a time basis at hourly rates, although on some work we are able to offer fixed fees. Every matter is different and many of our matters are complex and involve multiple parties and claims and difficult legal issues. There is no such thing as a typical matter. However, for convenience we have divided employment tribunal claims into three bands according to complexity. An employment tribunal claim involving only claims of unfair dismissal and wrongful dismissal will normally, but not always be a simple claim.
Fixed Fees, Agreed with Clients in Advance
We may offer fixed fees that are agreed with clients in advance. We understand the importance of budget certainty for our clients, especially when dealing with immigration matters that can be time-sensitive and complex. By providing fixed fees rather than hourly rates or vague estimates, we give our clients the assurance that there will be no unexpected cost escalations throughout the process. This commitment to transparency builds trust and fosters strong, long-term relationships with our valued clients.
Our quote will assume that you will provide us with the necessary information to deliver the agreed scope of work within the agreed timeframe. In discussion with you we may charge additional fees if the scope of work or timeframe changes for reasons beyond our control.
Pricing Options Based on our Solicitor Seniority
We recognise that employment tribunal matters vary in complexity, and our clients may have different needs and budgets. To cater to these varying requirements, we offer pricing options based on the level of seniority of our solicitors. Clients have the flexibility to choose from a range of qualified barristers, each with different fee structures corresponding to their years of experience. This ensures that clients can access the level of legal representation that best aligns with their specific case requirements and financial considerations.
Value Added Tax (VAT)
VAT @ 20% has to be added to our fees and some expenses or disbursements.
Fees for employment tribunal claims
The services we provide include both pursuing and defending employment tribunal claims and appeals. Most of the claims in which we act are complex claims involving not only claims of unfair and wrongful dismissal but lao whistleblowing discrimination equal pay or other claims. Whilst we do straightforward claims from time to time it is always necessary to weigh up whether the potential outcome of the matter can justify the costs involved.
Our Pricing for Bring and Defending Claims for Unfair or Wrongful Dismissal
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Simple matter: £30,000-£60,000 (excluding VAT and disbursements)
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Medium complexity matter: £50,000-£120,000 (excluding VAT and disbursements)
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High complexity matter: £100,000-£250,000 (excluding VAT and disbursements)
These estimated figures are all based on the matter continuing though to trail. In reality, most matters are resolved before trail. Matters of medium or high complexity may include claim of wrongful or unfair dismissal but will usually involve other claims as well. Typically, high complexity matters will involve claims of discrimination or whistleblowing.
Each day of a tribunal hearing will incur a charge based on the time spent and the hourly rate of the lawyer who is working on the matter. This will typically be over £2,000 (excluding VAT). These costs are included within the bands of estimated fees set out above. In addition, the counsel’s fees, or the expert’s fees will be incurred each day that the hearing continues (see below). In general, we would expect a hearing lasting 1-2 days for a simple matter, 2-4 days for a medium complexity matter and 5 days or more for a high complexity matter.
Our quote will assume that you will provide us with the necessary information to deliver the agreed scope of work within the agreed timeframe. In discussion with you, we may agree additional fees if the scope of work or timeframe changes for reasonable beyond our control.
Expenses and Disbursements not included in the fee quoted
Disbursements are costs related to your matter that are payable to third parties, such as counsel’s fees, expert’s fees, travel expenses and court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees vary according to the experience of the individual counsel. Fees for a hearing are usually based on a brief fee which covers the cost of preparation and the first day of the hearing and “refresher” or a daily rate which is payable for the second and each subsequent day of the hearing.
Simple matter:
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Brief fee: £2,000-£4,000 (excluding VAT)
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Refresher: £1,000-£2,000 (excluding VAT)
Medium complexity matter:
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Brief fee: £4,000-£12,000 (excluding VAT)
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Refresher: £1,000-£3,000 (excluding VAT)
High complexity matter:
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Brief fee: £6,000-£70,000 (excluding VAT)
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Refresher: £1,500-£5,000 (excluding VAT)
No fees are currently payable when bringing an Employment Tribunal claim. However, a Claimant can be asked to pay a deposit and, in exceptional cases, either party can be ordered to pay the costs of the other.
Key stages
The key stages will depend on the particular circumstances of the case but may include the following:
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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).
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Entering into early conciliation with ACAS where it is mandatory to explore whether a settlement can be reached. Before a claim can be lodged, it is necessary for the parties to go through the early conciliation process with the Advisory, Conciliation and Arbitration Service (ACAS). This can be done between you and the opponent and does not necessarily need our involvement.
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Preparing the Claim or Response. This will include: a) initial detailed attendance with you to take full instructions; b) legal review and analysis; and c) drafting and submission of claim or defence.
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Reviewing and advising on claim or response from other party
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Exploring settlement and negotiating settlement throughout the process
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Preparing for (and attending) a Preliminary Hearing. These are not always needed but where they are, the work will include: a) preparing a bundle of documents for the hearing; b) further attendance with you and others to take witness statement; c) other pre-hearing correspondence and documents; and d) attending the hearing (which could be anywhere between one and fie hours).
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Disclosure: exchange documents with the other party and agreeing a bundle of documents.This is the process by which parties exchange relevant documentation. The time it will take will obviously greatly depend on the number of documents, the co-operation of parties in providing the documents and whether there are any legal issues surrounding their relevance or reasons for withholding disclosure (such as where they are privileged). The work will include: a) collating relevant documents for disclosure; b) reviewing and analysing documents disclosed by the opponent; and c) occasionally needing to engage in ongoing discussions and challenges with the opponent on the documents disclosed.
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Litigation. The work may include:
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ongoing correspondence with the opponent and Tribunal
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preparing witness statements
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preparing bundles for the hearing
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preparation for the hearing including cross examination and legal arguments
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occasionally there may be Interim hearings to discuss or decide issues
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reviewing and advising on the other party’s witness statements
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preparation of lists of issues, chronologies and cast lists where the hearing will be complex hearings
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instructions to counsel where needed
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attendance at hearings which can last between one day (6 to 7 hours) and five days on average
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if needed pre-hearing preparation such as preparation before the second and subsequent days’ hearing
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advising you throughout.
The key stages set out above are an indication. The time taken at each key stage and the typical timeframes for each are difficult to estimate without knowing the circumstances or complexity of the particular case. If some of stages are not required, the fee will be lower. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can be arranged in accordance with your individual needs.
If the matter is not especially complex with an average range of a one to two day hearing the hours spent on the litigation element would be between 42 to 60 hours. Based on our maximum hourly rate above this would amount to between £31,500 plus VAT @20% (£6,300)(total £37,800) to £45,000 plus VAT @20% (£9,000) (total £54,000).
If there are additional stages the costs will be higher. Additional stages include:
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Making or responding to additional applications, for example applications for specific disclosure, to strike out a claim, to seek additional time to take a step in the process, to seek an unless order to compel the other side to complete a step in the process.
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Joining additional parties or dealing with additional parties.
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Amending pleadings.
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Dealing with appeals.
Typical timeframes – how long will the matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. The timeframe for handling this type of case can vary greatly and so it is extremely difficult to provide an estimate without knowing what the case involves.
If a settlement is reached during pre-claim conciliation, your matter is likely to take 2-4 weeks. The aim of employment tribunals is to conclude all matters within 26 weeks of the claim starting but in reality, it may take longer to conclude, often 40-60 weeks for the claim starting to the final hearing. Some unfair dismissal claim cases can settle within a matter of weeks where they are resolved during the Early Conciliation Process but where the claim proceeds to a Final Hearing, the case could take anywhere between 10 to 75 weeks. There will be some cases though that can take up to 2 years so it is best to be prepared for this. This is an estimate and we will be able to give you a more accurate timescale once we have more information and as the matter progresses. We cannot provide a timescale of when hearings will take place, as this depends on the tribunal listings.
Services included in the fee quoted
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acting as legal representative in the case
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drafting relevant documents for the Tribunal and/or liaising with counsel on the same
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attending all hearings
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advising on progress
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advising on the outcome.
Services not included in the fee quoted
The fee will not include any advice or assistance on any follow up appeal or other action should the case be unsuccessful. We can discuss any options and fees for those next steps if and when appropriate. We advise on employment but not on tax or pensions. If you need specific advice on these matters, we can arrange for you to receive this from other specialists in these fields. When advocacy is required. we generally instruct counsel save for some preliminary hearings which we conduct ourselves.
Who will be handling with my case?
Your case will be handled by a trusted member of our experienced legal team, who are, generally speaking, qualified as a solicitor or as a barrister. Once we know who will be handling your case for you, we will introduce you to them and provide you with full details of their background, relevant qualifications and the types of work normally undertaken. All employment team members are supervised by Yiwen Lydia Gu who is a solicitor and/or the Head of Employment Team of Gu Legal.