Employment Tribunal Claims

Introduction

The Transparency Rules of the Solicitors Regulation Authority (SRA) require all law firms to provide costs information concerning Employment Tribunal matters.

Our services are tailored to the client concerned and their particular circumstances.

We encourage all clients who are considering engaging the services of Themis Solicitors  Solicitors to ask us questions you are unclear about anything.

Every client will be issued at the outset with an engagement /client care letter setting out the nature of the instruction and the estimated fees/costs.

Our service will be based on the time spent on the matter by those of the firm’s lawyers. The solicitor handling your matter will be named in our client care letter along with their hourly rate.

There may be disbursements applicable in some case, this can include (but is not limited to) search fees for property transactions or counsel fees for litigation matters. More details are provided below and set out in the engagement letter.

The firm’s fees will attract VAT where the client is UK based or where there is a UK property involved. Many disbursements, but not court fees, will also be subject to VAT. Any fee estimate is stated exclusive of VAT.

We do not offer conditional fee agreements or damages based agreements at this firm.

Our Legal Fees cover all of the work required to handle your case from instruction to conclusion.

When advising employees on the termination of their employment, our overall objective is to avoid tribunal proceedings. Only a small amount of employment cases we take on reach a hearing, with the vast majority of cases settling on favourable terms by way of a settlement or COT1 agreement.

Legal Fees

Legal Fees is 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.

• Fees vary depending on the complexity of your case. Estimated Fees for presenting or defending a claim for unfair or wrongful dismissal range between £25,000 – £50,000 + VAT (£30,000 – £60,000 inc VAT). This fee includes Counsel’s fees, and again Counsel’s fees will vary based on their level of experience. The value and complexity of the matter alongside the stage at which the matter is resolved are factors that must be taken into account to confirm the fees in accordance with this scale.
• If your matter becomes complex (see below), our fees may increase further and we will notify you in advance of any increased costs.
• Our hourly rates are between  £350 – £420 + VAT (£420 – £504 inc VAT), which will depend on the experience and qualification of the case handler as follows: –

• Partner – £420+ VAT (£504 inc VAT)
• Solicitor £350+ VAT (£420 inc VAT)
• Paralegal £180 (£216 inc VAT)
• Trainee Solicitor £220 + VAT (£264 inc VAT)

• We will charge the sum of £30 + VAT (£36 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 average fees assume that:

1. The transaction is concluded in a timely manner and no unforeseen complications arise.
2. All parties to the transaction are cooperative and there is no unreasonable delay from any parties providing documentation.

Disbursements and Other Costs

• Disbursements may be incurred in the handling of the matter for you.
• For Employment Claims, these will typically be Counsel’s fees to provide advice or represent you at a hearing. If Counsel is required to be instructed a quotation for their services will be obtained from them and discussed with you before they are instructed to ensure you are fully aware of the fees that will be charged.

Stages of the Process

The precise stages involved in unfair or wrong dismissal claims vary according to the circumstances. We have set out the key stages of a standard transaction: –

• 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)
• Undertaking regulatory checks
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
• Liaising with ACAS
• Preparing claim or response
• Reviewing and advising on claims or responses from other parties
• 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 on 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 on a list of issues, a chronology and/or cast list
• Preparation at Final Hearing, including instructions to Counsel (1-day hearing)
• Reporting to you on the conclusion of the matter and closing your file.

The stages set out above are an indication and if some of the stages above are not required, your legal fee may be reduced.

Please note that the fee estimates provided do not include the cost of attendance at a final hearing by us or  Counsel instructed to represent you.

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 4-6 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take 16-24 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 which are linked to the dismissal

Should any of these factors occur, we will notify you and discuss with you any increase in our legal fees or disbursements.

Head Of Department

The following head of department will handle Employment matters:

Christina Dianellou is a consultant and senior solicitor with Themis Solicitors Christina qualified in 2005 and specialises in pursuing and defending employment claims in addition to litigation and property.