Introduction
We provide a dedicated, specialist and dynamic employment law service predominantly focused on supporting businesses. Our team tailors the support and advice they offer on the specific needs and requirements of the individual client. Over the years we have developed strong, trusting, personal relationships with the businesses we work with and fully appreciate the commercial realities of what they do.
At Rogers & Norton, we understand that employment law can be a challenge for both businesses and individuals. That is why we aim to help in any way we can. We want to help you understand the law and keep you aware of the continuing changes to it, minimising risk and disruption.
We act for both employers and employees in matters such as unfair or wrongful dismissal claims in the Employment Tribunal. Below, we have set out the issues you need to consider in relation to legal fees and disbursements for defending or bringing a claim for unfair or wrongful dismissal.
Legal Fees
Legal Fees are the amount you will be required to pay for all the work performed by us in actioning your instructions from commencement of your case to conclusion.
VAT will be payable on our fees and some disbursements, currently 20%, and we will clearly confirm which disbursements carry VAT in our formal quotation or as we advise you to incur them.
Our fees for handlingclaims for unfair or wrongful dismissal in the Employment Tribunal depend on the complexity of the case. No case is the same and our fees will reflect the complexity of the claim. We will always give you an individual cost estimate at the start of any instructions, after considering the actual features of the claim.
Below is an indication of the typical range of costs involved within the process of Employment Tribunals case such as unfair dismissal, wrongful dismissal or discrimination (including attendance at a Tribunal Hearing) for both employers and employees.
Fees are calculated by reference to an hourly rate of £235.00 + VAT (£282.00 inc. VAT)
- Simple case: between £5,875.00 – £8,225.00 + VAT (£7,050.00 – £9,870.00 inc. VAT)
- Medium complexity case: between £8,225.00 – £12,500 + VAT (£9,870.00 – £15,000 inc. VAT)
- High complexity case: between £12,500 – £25,000 + VAT (£15,000.00 – £30,000.00 inc. VAT)
The costs can often be lower than those stated above, for example if an early settlement is reached before the final hearing.
If your matter becomes complex (see below) our fees may increase further and we will notify you in advance of any increased costs.
- We will provide costs advice tailored to the facts and issues of your particular case once we have taken your initial instructions and we will keep costs under review and updated as your case progresses.
- We will charge the sum of £32.00 + VAT (£38.40 inc. VAT) for electronic money transfers.
If at any stage our fees change, we will notify you and discuss the reason for any changes. This would typically occur if you change your instructions or your case involves an unforeseen complexity.
Our fees assume that:
- The transaction is concluded in a timely manner and no unforeseen complication arise.
- All parties to the transaction are co-operative and there is no unreasonable delay from any parties providing documentation.
Disbursements and Other Costs
Disbursements are costs related to your matter that are payable to third parties. In this context the likely disbursements will be limited to expert reports (such as a medical report) and Counsel (Barrister)’s fees to provide advice or represent you at a hearing. If you bring your claim in the employment tribunal then there are no court fees to pay, but you will need to pay the fees of a barrister to represent you or for other expert reports. We handle the payment of the disbursements on your behalf to ensure a smoother process.
If Counsel or other experts are required to be instructed a quotation for their services will be obtained from them and discussed with your before they are instructed to ensure you are fully aware of the fees that will be charged.
- The fees of a barrister vary depending on the experience of the advocate and their expertise. In our experience, the initial fee for a barrister and the first day of the hearing (known as the brief fee) will be in the region of £2,000.00 VAT (£2,00.00 Inc. VAT). Each subsequent day would be an additional £500 – £1,500 plus VAT (£600 – £1800 Inc. VAT).
- If you want a very experienced barrister, then the cost is likely to be more. You may also incur additional charges such as travel costs for us to attend meetings and hearings.
- Medical report fees/ other experts fees (if applicable) – on occasion an expert report may be required in our experience a cost of these reports range from £750.00 – £2000.00 + VAT (£900.00 – £2,400.00 Inc. VAT).
Stages of The Process – What is included
The fees set out above cover all of the work in relation to the following key stages of a claim:
- 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 where this is mandatory to explore whether a settlement can be reached
- Preparing claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing or considering a schedule of loss
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents with the other party 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 and some of the stages above may not be required. 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 on your individual needs.
Our fees do not include
Please note that the fee estimates provided do not include the cost of attendance at a final hearing by a Barrister instructed to represent you. The fees also do not include the costs of a judicial or private mediation.
How Long Will My Claim 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. If a settlement is reached during pre-claim conciliation, your case is likely to take 4 to 6 weeks.
If your claim proceeds to a Final Hearing, your case is likely to take 26 to 52 weeks. 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.
Factors That Could Make a Case More Complex
The following factors may make your case more complex and impact on your legal fees and disbursements: –
- Inclusion of other employment claims
- Number of documents requiring review and advice
- Acting against a litigant in person (someone who is not legally represented in their claim)
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
- Making or defending a costs application
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination or whistleblowing which are linked to the dismissal
- Linked claims in other jurisdictions
Should any of these factors occur we will notify you and discuss with you any increase in our legal fees or disbursements.
Fee Earners
Regardless of who works on your case, they will be supervised by Phil Kerridge.
Phil Kerridge is a Consultant, Head of Employment Law and a Qualified Solicitor. Phil Kerridge has overall supervision of our Employment Law Team. Phil qualified in 1990 and is a highly experienced solicitor specialising in Employment Law for Employers and Employees. For more information and to see our Employment Team click here.
Questions
All estimates are reviewed and the client advised in a timely manner if the estimate needs to be revised.
If you have any questions relating to our services and our fees, please contact us on:
- Norwich 01603 666001
- Attleborough 01953 453774