Costs Information for Employees and Employers

Bringing and Defending Claims for Unfair or Wrongful Dismissal

Introduction

This costs information is provided in compliance with the SRA Transparency Rules and the Price and Service Transparency guidance issued by the Law Society. These Rules mandate us to disclose costs information concerning advising and representing employees and employers in unfair and wrongful dismissal claims before the employment tribunal. The information presented here is intended as a guide and should not be considered a binding quote for handling your specific case. If you decide to engage our services, we will provide you with a customized fee estimate tailored to your particular circumstances.

An unfair dismissal claim pertains to a statutory claim concerning the fairness of the dismissal. On the other hand, a wrongful dismissal claim is a contractual claim for compensation arising from a failure to pay some or all of the notice pay. Only wrongful dismissal claims valued up to £25,000 can be pursued in the employment tribunal. Claims exceeding this amount must be brought in the High Court and fall outside the scope of the SRA Transparency Rules. This information provided is not intended to constitute legal advice or an exhaustive overview of every potential scenario that may arise in an employment tribunal claim for unfair dismissal and/or wrongful dismissal. We are obligated to inform you about probable third-party costs, such as barristers' fees. However, please be aware that changes to these costs are beyond our control, and we cannot be held responsible for any inaccuracies in this information, which is based on our experience and provided as a general reference only.

Who Will Work on Your Case?

Your case will be handled by one or more members of Fenton Elliott’s employment team. You can find their contact details, experience, and qualifications below. Any team member below Partner level will be supervised by one of the Partners in the team.

Simon Fenton, Partner
Solicitor

BSc (Hons) 1985, LLB (Hons) 1990, Law Society Finals 1991, Solicitor, qualified 1993
£395 plus VAT per hour

Julie Taylor, Partner
Solicitor

LLB (Hons) 2003, Post Graduate Diploma Legal Practice 2005, Solicitor, qualified 2007
£350 plus VAT per hour 

Catherine Danaher
Solicitor

LLB (Hons) 1987, LLM (Master of Laws) 2000, Law Society Finals 1991, Solicitor, qualified 1993
£250 plus VAT per hour 

Jamie Beland
Trainee

£150 plus VAT per hour

Our Fees

Our fees are calculated based on the time spent by the relevant team member at their respective hourly rates. As of January 1, 2024, the hourly rates in the employment team range from £150 plus VAT per hour to £395 plus VAT per hour. Please note that our hourly rates may be subject to increase each November. In certain cases, we may offer lower hourly rates. While we typically do not work under conditional fee agreements or damages-based agreements, such arrangements may be available upon request. Below, we have outlined our fee range for both a standard unfair and wrongful dismissal claim (excluding whistleblowing or other automatic unfair dismissal claims) and a standard whistleblowing/other automatic unfair and wrongful dismissal claim.

Fee Range - Standard Unfair and Wrongful Dismissal Case (Excluding Whistleblowing or Other Automatic Unfair Dismissal Cases)

The following prices provide an estimate of the range of costs for a standard unfair or wrongful dismissal case. For a precise case-specific estimate, kindly get in touch with the adviser assigned to your case.

Our fees for bringing or defending a standard claim for unfair or wrongful dismissal typically range from £12,000 to £25,000 plus VAT. This fee range is influenced by the varying levels of experience among our solicitors and other advisers, as well as their different locations. All our advisers are supervised by Partners of the firm who possess considerable expertise in unfair and wrongful dismissal cases.

Additionally, there will be an extra charge for attending the employment tribunal hearing, which usually ranges from £750 to £1,500 plus VAT per day. Please note that charges for barristers and disbursements are separate from our fees.

VAT on Fees

Our fees are subject to the standard rate of UK VAT, currently set at 20%, except in cases where we indicate otherwise. The only circumstance where we do not charge VAT (regarding fees) is when billing an individual or company residing outside the UK.

What Does a "Standard" Case Typically Involve?

A standard case generally encompasses the following:

• Making or defending an unfair dismissal claim and/or making or defending a wrongful dismissal claim in the employment tribunal (please refer to the Introduction for an explanation of these claims).
• More detailed information about the work included in our fees and the estimated timescales can be found in the table below.
• A hearing lasting two days in an employment tribunal, along with one preliminary hearing in the employment tribunal lasting two hours to resolve a preliminary issue (e.g., determining whether the case has been brought within the appropriate timeframe).
• Both parties being legally represented.
• Up to three witnesses in total, in addition to the Claimant (the individual bringing the claim).
• One witness statement for each witness, limited to no more than five A4 pages each, typed and double-spaced.
• No more than 300 pages of documents.

Scope of Work and Estimated Timescales - Standard Unfair Dismissal/Wrongful Dismissal Case

Stage 1:

• Gathering your initial instructions and reviewing relevant documents
• Engaging in pre-claim conciliation to explore potential settlements (minimum 4 weeks)
• Preparing and filing the claim or response
• Assessing and providing advice on the claim or response from the opposing party
• Drafting the initial merits report

Estimated timescale for Stage 1: Approximately 5 to 12 weeks

Stage 2:

• Preparing for a preliminary hearing, which may cover case management or other preliminary issues such as the claim's timeliness or the claimant's eligibility to bring a claim based on their length of service or employment status
• Attending the preliminary hearing, either in person or via phone

Estimated timescale for Stage 2: Approximately 2 to 4 weeks

Stage 3:

• Reviewing additional documents
• Drafting a list of documents
• Engaging in general correspondence with you and the opposing party
• Exchanging documents with the opposing party and agreeing on a hearing bundle
• Drafting or considering a schedule of loss and/or counter schedule of loss
• Drafting or considering a costs warning letter
• Facilitating settlement discussions
• Drafting settlement documentation if applicable
• Updating the merits report

Estimated timescale for Stage 3: Approximately 4 to 8 weeks

Stage 4:

• Obtaining witness statements, drafting statements, and confirming their content with witnesses
• Reviewing and advising on witness statements provided by the opposing party
• Preparing a mitigation statement (if representing an individual) and gathering supporting evidence, which may include attempts to secure alternative sources of income
• Drafting, reviewing, and agreeing on a list of issues, cast list, and chronology for the final hearing
• Instructing a barrister (Counsel)
• Preparing for the final hearing
• Reviewing the mitigation statement and mitigation evidence (if representing an employer)

Estimated timescale for Stage 4: Approximately 4 to 8 weeks

The stages outlined above serve as a general indication, and if certain stages are not required for your case, the associated fees will not be charged. Some items listed within a particular stage may occur at different points in the process, as each case varies in its progression. For instance, settlement discussions can take place at any time throughout the process and may be lengthy and detailed. Should you prefer to handle specific aspects of the claim yourself or seek our advice for only certain stages, we can tailor our services to meet your individual needs.

Typically, a standard automatic unfair dismissal and wrongful dismissal case will not include the following elements. However, please be aware that in some instances, these items may be relevant to standard cases, and they would then be charged separately outside the standard case fee range:

• Additional claims, such as discrimination, unlawful detrimental treatment, or unauthorized wage deductions.
• Defending a claim brought by a litigant in person.
• Cases involving multiple parties (more than one Claimant and/or Respondent).
• Making or defending applications to amend an existing claim/response or interim applications (e.g., application to strike out the claim/response, postpone the hearing, request specific document disclosure, obtain a deposit order, costs order, or restricted reporting order).
• Providing further information about an existing claim or response.
• Handling specific disclosure requests related to undisclosed documents.
• Dealing with excessive documentation beyond reasonable expectations.
• Advising an employee about dismissal before their employment is terminated.
• Advising an employer on terminating an employee's employment.
• Dealing with insurers.
• Applying for or defending an interim relief application (emergency order requiring the employer to maintain employment or salary until the case concludes). Such applications are relatively uncommon.
• Preparing for and attending judicial mediation, where an employment judge facilitates a settlement of the claim. Not all cases are suitable for judicial mediation, and all parties must agree to it.
• Instructing experts or reviewing their reports, such as accounting experts. These circumstances are highly unlikely except in complex whistleblowing claims.
• Preparing for advocacy and presenting your case at the final hearing without a barrister's involvement.
• Preparing for, attending, and presenting your case at any separate remedies or costs hearing. Normally, remedy and costs are addressed at the final hearing or agreed upon without requiring a separate hearing. If a separate hearing occurs, the barrister who represented you at the final hearing will typically be engaged again, and their fee will be charged as an additional expense (see Barristers' Fees and Disbursements below).
• Making or responding to a data subject access request.

Factors Influencing Fee Adjustments in Standard or Non-Standard Cases - Both "Ordinarily Unfair" and "Automatically Unfair"

Our costs information and any case-specific fee estimate are provided based on the following considerations:

• Communication Volume: We assume that the amount of communication, including phone calls, emails, and other correspondence, is not excessive.
• Prompt and Accurate Information: We expect information to be promptly provided to us and to be reasonably complete and accurate.
• Timely Hearing Proceedings: We anticipate that hearings, including preliminary hearings, will not be postponed at short notice.
• Reasonable Settlement Discussions: We assume that settlement discussions will be conducted reasonably and not excessively.

In cases where we deem communication to be excessive, we will work with you to reduce the volume. However, if reducing communication is not feasible, we will promptly inform you of any additional fees or costs you may incur. Similarly, if information is not provided promptly, is incomplete, or inaccurate, leading to additional time spent on your case, we will advise you of any resulting additional fees or costs.

Postponed hearings can occur for various reasons, ranging from last-minute applications for postponement from either party to the employment tribunal's postponement due to a lack of judges. Such postponements may result in additional costs due to the need to prepare again for the rescheduled hearing.

Protracted settlement discussions, particularly when an agreement is almost reached but fails at the eleventh hour, can also contribute to increased costs. We will keep you informed about costs, and if we believe that excessive costs are being incurred due to this aspect of the claim, we will promptly notify you of any additional costs you may face.

Barristers' Fees and Disbursements

Disbursements are expenses related to your case, payable either to us or to third parties. We typically handle disbursement payments on your behalf, but there may be instances where you are asked to pay them directly.

In a standard unfair dismissal and wrongful dismissal case (excluding whistleblowing or other automatic unfair dismissal cases), we usually appoint an external barrister, also known as Counsel, to represent you at the final employment tribunal hearing. The fees for Counsel's representation at a two-day final hearing in a standard case are likely to fall within the range of £1,500 to £8,000 plus VAT. The fee range varies due to our engagement of barristers from different Chambers, with a wide range of experience and expertise. Additionally, their locations may differ, some based in London (where costs are generally higher) and others outside of London. If required, depending on the case's complexity, Counsel may also prepare for and attend a preliminary hearing. For a standard case involving a two-hour preliminary hearing, the range of fees for preparing and attending such a hearing will be £750 to £2,500 plus VAT. In many cases, your adviser may handle the preliminary hearing themselves, keeping costs within the standard case range. If any hearing is postponed at short notice, Counsel's fees for preparation and attendance on the first day may become payable. If a reconvened hearing is necessary, you would need to pay the fee again.

In a standard automatic unfair dismissal and wrongful dismissal case, the representation by Counsel at a final four-day hearing typically incurs fees ranging from £4,000 to £20,000 plus VAT. As with the standard unfair dismissal cases, the range is due to our selection of barristers from different Chambers with varying experience and expertise, along with location differences. The complexity of the case may also require Counsel's involvement in preparing and attending two preliminary hearings, each lasting two hours. The fees for each preliminary hearing will be within the range of £750 to £2,500 plus VAT. Similar to the previous case, if a hearing is postponed at short notice, preparation and attendance fees may apply, with the possibility of needing to pay again for the reconvened hearing. In standard automatic unfair dismissal and wrongful dismissal cases, we typically do not seek Counsel's input in drafting or reviewing pleadings or witness statements. However, if deemed necessary and cost-effective, we will provide you with a separate estimate accordingly. Generally, one conference (meeting) with Counsel is common in these cases, with fees depending on the conference's length and the amount of preparation time.

Other Disbursements - Standard Unfair Dismissal and Standard Automatic Unfair Dismissal Cases

In both types of standard cases, additional disbursements may be incurred, including the following:

• Travel Costs: This includes travel expenses to the employment tribunal or for meetings with you, your witnesses, or your barrister. These costs encompass rail, air, and taxi fares, mileage, and parking fees. The specific expenses will vary based on the locations of you, your adviser's office, your barrister's chambers, your witnesses, and the employment tribunal. We always strive to utilize the most cost-effective means of transport.
• Hotel Accommodation: If commuting to the employment tribunal each day is not feasible, hotel accommodation may be necessary. In such cases, we charge at the rate of Premier Inn or a similar standard.
• Subsistence Costs: These costs cover food and drink for individuals closely involved in advising on your case throughout the hearing. Typically, these expenses are only incurred when the location of the employment tribunal requires overnight stays.
• Courier or Postal Charges: In cases where speedy collection, delivery, or service is necessary, courier or similar postal charges may apply.
• Bulk Photocopying Charges: We are permitted to charge for photocopying beyond "petty" quantities. For photocopying exceeding 100 sheets, the charge is 25p per sheet plus VAT.

We are required to specify the average cost or range of costs for disbursements when the actual cost is not known. Based on a standard unfair and wrongful dismissal case where the employment tribunal is within daily commuting range of the adviser and barrister, and the hearing lasts for two days, typical disbursement costs range between £200 to £300 for all chargeable travel costs and £75 to £150 for courier and bulk copying charges, in each case plus VAT.

However, if the employment tribunal is located more than a three-hour commute away from the adviser's or barrister's home, office, or Chambers, hotel accommodation will likely be arranged. In such instances, the range of accommodation plus subsistence costs per night for one adviser and barrister would be between £100 and £150 plus VAT per person per night.