At Kenneth Bush we can represent you in all types of Employment Tribunal cases whether you are an employer defending a claim or an employee/ex-employee bringing a claim.
Our charges – how are they calculated?
Our charges for claims for unfair or wrongful dismissal are based on an hourly rate of £280.00 per hour plus VAT (currently 20%) with standard letters/emails and telephone calls (by “standard” we mean those that take 6 minutes or less) costing £28.00 plus VAT.
What is my case likely to cost?
No one case is the same as the issues involved and their complexity vary.
We will always give you a costs estimate once we have seen you and been able to form an initial assessment of your case. As a general indicator for a case that is likely to last no more than two days should it go to a final hearing see below:
If you are an employee then the costs are likely to be between £7,500.00 to £10,000.00 (excluding VAT and disbursements).
If you are an employer then the costs are likely to be between £10,000 to £25,000.00 (excluding VAT and disbursements).
Why are my costs likely to be higher if I am an employer?
Our costs for an employer are higher, as there is typically more work to be done. For example, as an employer, you will usually have more documents to disclose, more witnesses to interview and prepare statements for and are often asked to take the lead in some of the administrative steps, such as the preparation of the list of issues and trial bundles of documents.
What factors are likely to affect cost?
The more complex the case then, the greater the cost. Factors affecting complexity include:
- If it is necessary to make or defend applications, to amend claims or defence, or to provide further information about an existing claim.
- Defending claims that are brought by litigants in person.
- Complex preliminary issues, which may lead to the need for Preliminary Hearings.
- A large number of witnesses and documents.
- If the claim is one for automatic unfair dismissal e.g. the employee has brought a whistleblowing claim.
- If it is a constructive unfair dismissal claim that needs defending.
- Allegations of discrimination, which are linked to the dismissal
When an unforeseen complexity arises, or where the way in which you ask us to proceed with your case means additional work, we will inform you of this and provide you with revised costs information.
Expenses we may incur on your behalf – “disbursements”
Disbursements are costs related to your matter that are payable to third parties, such as court fees, experts reports and barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. No disbursement will be incurred until we have confirmed that expense with you beforehand.
Barrister’s fees for attending a tribunal hearing (including preparation) are usually between £1,000.00 to £2,000.00 per day (plus VAT) depending on their seniority and experience. If it is necessary to instruct a Barrister, we will obtain a quote as to their fees which we will agree with you before instructing them.
Key stages from taking instructions through to the final hearing
The work we will carry out for you will include the following:
- Taking your initial instructions, reviewing the papers and advising on the merits and likely compensation (this is likely to be re-visited 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 the response (as the case may be).
- Reviewing and advising on the claim or response (as the case may be).
- Exploring a settlement and attempting to negotiate a settlement throughout the whole process.
- Preparing or considering a Schedule of Loss (as the case may be).
- Preparing for (and attending) any Preliminary Hearing.
- Exchanging documents with the other party and agreeing a bundle of documents for use at trial.
- Taking witness statements, drafting statements and agreeing their content with witnesses.
- Preparing a bundle of documents for final hearing.
- Reviewing and advising on the other party’s witness statements.
- Agreeing list of issues, chronology and witness order list.
- Preparing and attendance at final hearing and (where relevant) instructing a Barrister.
Not all of these stages will be required and, if so the costs involved are likely to be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can be arranged depending on your individual needs.
How long will my case take?
The time that it takes from taking your initial instructions to the final resolution of the matter largely depends at the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation then, it may only take a month. If your case proceeds to a final hearing then, depending on the Tribunal’s caseload it could take between 6 to 9 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
Who will be responsible for my case and how experienced are they?
At Kenneth Bush we allocate work based on our specialisms, experience and availability.
Paul Croker who is the Managing Director at Kenneth Bush deals with all our employment work. Paul is a solicitor with over 25 years’ experience in representing both employers and employees. Please click here for more details.
We do not offer fixed fees for work involving Employment Tribunals as no two claims for unfair or wrongful dismissal are the same.
We do not deal with cases on a no-win no-fee arrangement (damages-based agreements or conditional fee agreements).
If you want to find out more or have any further questions please contact us.