Employment Law Fees for Employers

Our fees are calculated by reference to our hourly rate and are dependent upon the experience of the solicitor, and/or other members of staff, that spend time working on your case. Our hourly rates are detailed below and details of the level of experience of our team can be found by clicking on the link for each member above.

VAT is payable on all of our fees, at the standard rate of 20%. This is applicable save for in circumstances where you are a company registered outside of England and Wales, and you are registered to pay tax outside of England and Wales, when VAT shall not fall payable.

It may be the case that we shall be prepared to offer a fixed fee arrangement for some of the initial stages of your case. This is something we would be happy to discuss on a case by case basis.

Which category your case falls into, in terms of complexity, will be dependent upon some (or all) of the following:

• The complexity of the specific law relating to your case;
• The volume of evidence that is likely to be relied upon by both parties (i.e. you and the employer); and/or
• The number of witnesses that will be called by both parties.

The total amount of fees payable will be dependent upon a number of factors. In order to assist in determining what category your case is likely to fall into, we list some factors below that are likely to make a case more complex and are thereby likely to increase the fee payable. It may also be the case that the fees payable will increase if there are unexpected complexities or if, for example, you do not follow the advice that we provide.

Factors That are Likely to Make a Case More Complex are as Follows:

1. If it is necessary to make or defend applications to amend your claim or to provide further information about an existing claim;
2. Making or defending a costs application;
3. Complex preliminary issues such as, for example, in circumstances where there is a dispute as to whether you are disabled, whether the Tribunal has jurisdiction to hear the case or whether the claim was brought in time;
4. A greater volume of evidence and/or number of witnesses;
5. If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer; and/or
6. Allegations of discrimination which are linked to the dismissal. If you believe there has been discrimination against you, our costs estimate may increase if there is additional work involved.

The above is not intended to be exhaustive lists and the specific circumstances of each case may mean that other factors will influence the complexity of each case.

If a settlement is able to be reached in your matter at an early stage, our fees are likely to be significantly reduced.

There will be an additional charge for attending a Tribunal Hearing (if it is necessary for us to attend with your instructed barrister) of approximately £500 – £1,000 per day (excluding VAT). The length of any Tribunal Hearing will depend on the Tribunal’s scheduling of the Hearing and the complexity of your case.

Please note do not offer Contingency Fee Agreements (i.e. “no win no fee” arrangements) nor do we offer Damages Based Agreements (i.e. an agreement that our fees shall be based upon a specific % of any damages that we recover on your behalf).

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as (but not limited to) court fees or barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Barrister’s Fees

When we instruct a barrister on your behalf, there is usually an initial charge (called a brief fee) to cover preparation and the first day of any court hearing. Fees for each additional day will then be payable thereafter (these are called ‘refreshers’). A barrister’s fee may also include expenses such as travel/overnight accommodation (if this is necessary).

The level of fee will be dictated by a number of factors including the individual barrister’s seniority, the complexity of your case and the length of the Final Hearing.

Barrister’s brief fees are usually between £1,000 + VAT (for a very simple case) to £8,000 + VAT or more (for a more complex matter).

Refresher fees are usually between £750.00 + VAT (for a junior barrister) to £5,000 + VAT (for a senior barrister) per day.

Please note that the above is just an estimate and we would be able to discuss this with you in greater detail once we know further details about your claim.

VAT is payable on barrister’s fees in the same manner as that outlined above in respect of our fees.

Court Fees

There is no court fee payable for submitting a claim within the Employment Tribunal.

Other Disbursements

There are some other disbursements that may be applicable in certain cases. Some of these disbursements are listed below:

• Expert’s fees. If the instruction of an expert is required to provide evidence in any particular field(s), a fee would be payable for their time. This is usually in the region of around £750 – £2,000 + VAT (if the expert is not VAT registered then VAT would not be payable) to provide a report and £500 -750 + VAT per day for attendance at any hearing. Experts’ fees largely depend upon the nature of their instruction and the facts of the case, it is therefore difficult to estimate these at the outset; and
• Mediator / Adjudicator fees. If it appears that mediation or adjudication may assist in resolving your matter, a fee would be payable for the mediator’s / adjudicator’s time if both parties agree to the mediation / adjudication. These fees are usually in the region of around £1,000 + VAT – £1,500 (if the mediator / adjudicator is not VAT registered then VAT would not be payable) for half a day, and £1,500 – £3,000 + VAT for a full day. However, these fees can be higher. These fees can sometimes be split between both parties also. You must also bear in mind that it is likely that a barrister will need to attend a mediation / adjudication also and their fees are likely to be in a similar region to that for attendance at a trial (outlined above).

Key Stages

The fees set out above cover all of the work in relation to the following key stages of a claim which are as follows:

• 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 (known as Early Conciliation) where this is mandatory to explore whether a settlement can be reached;
• Preparing the claim;
• Reviewing and advising on the claim and/or the response from the employer;
• Exploring settlement and negotiating settlement throughout the process;
• Preparing a schedule of loss;
• Preparing for (and attending) a Preliminary Hearing, including instructing a barrister;
• Exchanging documents with the employer and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses;
• Preparing bundles of documents for court hearings;
• Reviewing and advising on witness statements;
• Agreeing a list of issues, a chronology and/or cast list; and
• Preparation for and attendance at a Final Hearing, including instructions to a barrister.

The stages set out above are an indication and if some of the stages above are not required, our 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, depending on your individual needs.

The fees set out above wold not ordinarily include any enforcement proceedings (if such proceedings prove necessary) following a successful Employment Tribunal claim, nor an appeal you may wish to make against the judgment of the Employment Tribunal.

How Long will my 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 and the complexity of your case.

We give you some examples below of the likely timeframe to resolution, dependent upon the time at which your case concludes:

• If a settlement is reached during Early Conciliation (this is a specific process that must be engaged prior to submitting an Employment Tribunal claim), your case is likely to take approximately 3 – 12 weeks;
• If your claim proceeds to be issued within the Employment Tribunal, as we would seek to reach a settlement within your matter throughout the course of it, it may be the case that it would reach settlement anytime between the end of the Early Conciliation process (outlined above) and a Final Hearing (outlined below);
• In a simple claim, proceeding to a Final Hearing is likely to take 3 – 8 months but could take longer than this in exceptional circumstances;
• In a medium complexity claim, proceeding to a Final Hearing is likely to take 6 – 12 months but could take longer than this in exceptional circumstances; and
• In a high complexity claim, proceeding to a Final Hearing, is likely to take 8 – 24 months but could take longer than this in exceptional circumstances.

The above are just estimates and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

The timeframe in which your matter is concluded will also depend upon the timeliness of responses from the Employment Tribunal which can be affected by their capacity at any given time.

Contact Lewis Nedas Today

For more information regarding our services and funding, please call us on 020 3811 4042.