SRA Price Transparency Statement

We are subject to regulatory requirements to publish cost information about certain services we provide. The information below relates to costs for defending claims for unfair/wrongful dismissal in the Employment Tribunal.

We usually act for employers defending claims, which typically involve discrimination, whistleblowing, regulatory and/or other complex issues. Where we act for employers in defending unfair/wrongful dismissal cases, they are generally complex cases involving a number of the factors identified below.

Cost estimate

The costs in defending a claim for unfair or wrongful dismissal may range from in the region of £50,000 for a simple case to (potentially significantly) over £200,000 for a complex case (excluding VAT and disbursements). This estimate is based on unfair or wrongful dismissal cases and does not account for cases where other claims are made.

Factors that could make a case more complex include:

• if the claim is brought in the context of other claims, such as discrimination, harassment or whistleblowing
• claims involving multiple respondents
• parallel internal procedures (such as grievances or Data Subject Access Requests) and/or parallel regulatory complexities and/or investigation issues and/or parallel proceedings
• complex preliminary issues to be determined, such as the employment status of the Claimant (if disputed), including where Preliminary Hearings are required
• if it is necessary to make applications to amend claims or to provide further information about a claim, and/or to submit an amended ET3 response
• a high number of relevant documents to be disclosed or if electronic disclosure is required, or if there are significant disputes or preliminary issues around disclosure
• the number of witnesses and witness statements, and the approach to taking witness statements and familiarising witnesses with tribunal process
• if expert evidence is required
• the length of the hearing
• defending claims that are brought by litigants in person
• if it is necessary to enter into correspondence relating to the conduct of the Claimant in the proceedings, such as cost warning letters
• making or defending a costs application.

The basis of our charges

The basis of our charges will normally be hourly rates. Our hourly rates typically range from £270 to £1020 (excluding VAT and disbursements) depending on level of experience and location. Our charge out rates are reviewed annually. From time to time, we offer alternative fee arrangements to our clients on a case by case basis.

Our team

Each case will have a dedicated core team who will be responsible for handling the case. Those members will be selected based on their level of experience, expertise and availability. Biographies of our lawyers who undertake such work are available under People, Employment. We are happy to provide further biographies where relevant.

Disbursements

Disbursements are costs related to the case that are payable to third parties, such as Counsel's fees. We usually process the payment of the disbursements on your behalf to ensure a smoother process.

Counsel's fees will vary significantly depending on level of experience, chambers, the complexity of the matter and the length of the hearing. Examples of recent Counsel's estimates for an unfair dismissal hearing (including preparation) range from £1,250 at a junior level to £20,000 at senior level (excluding VAT) but this can vary widely from matter to matter. We would discuss with you estimates in your case.

Key stages

The costs estimated above are intended to cover work in relation to the following key stages of a claim:

• taking initial instructions, reviewing the papers and initial merits assessment
• entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
• preparing a response (ET3 and Grounds of Resistance)
• detailed merits assessment
• exploring settlement and negotiating settlement throughout the process
• requesting further and better particulars of claim and/or responding to request for further and better particulars
• preparing or considering a schedule of loss
• preparing for (and attending) a Preliminary Hearing
• exchanging documents by way of disclosure and agreeing a bundle of documents
• taking witness statements, drafting statements and agreeing their content with witnesses
• preparing bundle of documents
• reviewing and advising on the other party's witness statements
• agreeing a list of issues, a chronology and/or cast list
• preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication of process. If additional stages are required, fees may increase, and if some of the stages are not required, fees may decrease.

How long will it take?

The time that it takes depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim ACAS Early Conciliation, the case is likely to take between 4 to 6 weeks.

If the claim proceeds to a Final Hearing, in our experience, it can take between 6 to 18 months, but in some cases may take longer (depending on complexity and tribunal process). We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

The information above is provided as a general guide. We always provide our clients with an estimate of costs in relation to each specific case, as well as regular updates as the case progresses.