Pricing Information

BRINGING OR DEFENDING A CLAIM FOR UNFAIR OR WRONGFUL DISMISSAL AT THE EMPLOYMENT TRIBUNAL

Whether we are acting for you as an individual bringing a claim or as a business defending a claim, we will provide you with a legal fees estimate of the likely fees you will incur when we take initial instructions from you and we will keep you updated with an estimate of likely fees throughout the matter, up to its conclusion. Our initial legal fees estimate for bringing or defending an Employment Tribunal claim will be set out in our Client Engagement Letter (“CEL”) which you will receive at the very start of your matter along with our Firm’s Terms and Conditions of business. 

KEY STAGES

The fees set out below cover all work which would be undertaken in relation to the following key stages of a claim:
  • Taking your initial instructions, reviewing papers and advising you on the merits and likely compensation (this is likely to be revisited throughout the matter and is subject to change);
  • Entering into pre-claim conciliation with ACAS (where this is mandatory) to explore whether a settlement can be reached;
  • Preparing an Employment Tribunal Claim (ET1 form) or Response (ET3 form); 
    Reviewing and advising on an ET1 or ET3 from the other party;
  • Exploring settlement and negotiating a settlement throughout the Tribunal process;
  • Preparing or considering a Schedule of Loss (and/or a revised Schedule of Loss and/or a Counter Schedule of Loss);
  • Preparing for and attending a Preliminary Hearing; 
    Disclosing and Exchanging documents with the other party and agreeing a joint bundle of documents;
  • Taking witnesses statements, drafting witness statements, amending witness statements and agreeing their content with witnesses;
  • Preparing an agreed bundle of documents ready for the Hearing;
  • Reviewing and advising on the other party’s witness statements;
  • Agreeing a List of Issues, a Chronology and/or Cast List; 
    Preparation for the Final Hearing, advising on the Merits of the Claim and Instructing Counsel to attend at the Final Hearing.
The key stages above are only an indication and if some of these stages are not required, your fees will 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 depending on your individual needs.

HOW LONG WILL MY MATTER TAKE?

The time it takes from taking your initial instructions to the final resolution of your matter largely depends on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation with ACAS, your case is likely to take 4-6 weeks from the start of the conciliation. If your claim is not settled and proceeds to a Final Hearing, your case is likely to take 4-6 months from the claim (ET1) being issued. This is just an estimate however, as the actual length of taking a matter through to a Full Hearing can depend on many factors such as any delays in the Tribunal listing the matter for a hearing, availability of witnesses, how complex the claim is (see below) etc . In some circumstances a matter could take as long as 12 months to conclude. We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

FEE ESTIMATE

We charge fees based on our hourly rates for our solicitors as set out below. These hourly rates are subject to periodical review. Where a solicitor’s hourly rate is to be increased, we will let you know in advance.

Tristram Moore            Principal Solicitor                                 Admitted: 1999 Hourly rate £300-325 plus VAT; 

Jane Smith                     Consultant Solicitor – Employment  Admitted: 2006  Hourly rate £300 plus VAT; 

Scott Appleton              Solicitor & Head of Digital                  Admitted: 2018 Hourly rate £250-275 plus VAT; 

Mike Townley                Consultant Solicitor                             Admitted: 1988 Hourly rate £300-325 plus VAT.

For full profiles of our Team, please click here or visit the “Team” section of our website www.moore-law.co.uk

COSTS ESTIMATE FOR MOORE LAW BRINGING OR DEFENDNG AN EMPLOYMENT TRIBUNAL CLAIM

(up to a one day hearing):

There are a number of factors which can make a Tribunal claim more complex to bring or defend (as set out below); but our estimated fees for bringing or defending a claim for Wrongful or Unfair Dismissal are as follows: 

SIMPLE CASES:                                                     £8,000-£10,000 (excluding VAT) 

MEDIUM COMPLEXITY CASE:                           £10,000-£16,000 (excluding VAT)  

HIGH COMPLEXITY CASE:                                 £16,000-£25,000 (excluding VAT) 

In addition to these fees, you will incur Counsel’s fees for representing you at the full Hearing. We will obtain an actual estimate for Counsel to attend for you prior to the Hearing, but Counsel’s fees usually range from £1,500 to £3,000 per day (excluding VAT), depending on their experience and the complexity of the claim. A Hearing for Wrongful/Unfair Dismissal usually takes 1-2 days.

It is not usually necessary for your solicitor to attend at a Hearing as well as Counsel, but where a client has requested their solicitor to also attend to assist Counsel on the day, an additional charge of £1,500 to £2,500 per day (excluding VAT) will also be incurred.

FACTORS THAT CAN MAKE A CASE MORE COMPLEX

  • The number of parties;
  • Whether the other party(ies) are legally represented;
  • Whether the claim is listed for a Pre-liminary Hearing (and whether that is to be held remotely or in person);
  • The number of witnesses required for all parties;
  • The volume and nature of relevant documentation required to be reviewed prior to preparing the Employment Tribunal application (ET1) or Response (ET3);
  • The availability of witnesses in order to take Witness Statements (and whether this can happen remotely or has to be in person) and whether any supplemental Witness Statements are required;
  • Whether all parties are forthcoming with the Disclosure stage of the process;
  • The nature and volume of the documentation disclosed and what needs to be done to prepare an agreed Bundle;
  • Whether any interim applications are made by any party (such as further and better particulars; specific disclosure etc);
  • Whether whistleblowing is raised in the claim;
  • If discrimination is raised in the claim (this can lead to additional steps being necessary such as discrimination questionnaires/detailed assessment as to disability if this is a factor etc.);
  • Whether an application for Costs needs to be made or defended;
  • Whether a Counter Schedule-of-Loss is required;
  • How long the claim is listed for Hearing (Where the Hearing has over-run into another day; part-heard or postponed, additional costs will be incurred – which we will advise you of at that time).

WHAT IS NOT INCLUDED IN OUR FEE:

DISBURSEMENTS

Disbursements are necessary additional costs which are payable to third parties (for example Counsel’s fees, court fees and travel expenses). We will usually incur disbursements on your behalf and they will be invoiced to you within our firm’s costs invoice which we aim to send to you each month as the matter progresses. Such disbursements will not be unreasonably incurred (we will always be as cost effective as possible) and will be due from the date that they are incurred.
AVERAGE COST:
COUNSEL’S FEE S (Representation at Hearing)
£1,500-£3,000 plus VAT per day (this can increase if a very senior barrister is required and/or the case is particularly complex)

EXPERT ADVICE
(where other expert advice is necessary i.e. medical experts; pensions experts etc) (We would need to obtain an estimate of the expert’s fees before instructing them)

TRAVEL

Driving - 45 pence per mile, plus parking fees;

Rail/Air/Bus travel – actual cost of journey tickets;

OVERNIGHT ACCOMMODATION
Where overnight accommodation is necessary, we will let You know the additional cost of this in advance.
COPYING FEES and DOCUMENT PRODUCTION: TBA
This document does not constitute legal advice and specific legal advice should be taken in relation to any of this document’s contents. Please contact Moore Law for further advice or information. © Moore Law 2020.