Employment Law Fees - Larcomes : Larcomes

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Employment Law Fees

Our Team

Our Employment Team consists of the following:

David Sumner – Partner and Solicitor with 12 years post qualification experience

Amy Johnson – Trainee Solicitor due to qualify in February 2019

Vanessa Bagnall – Legal Secretary with 30 years experience

Our employment team has a wealth of experience of dealing with a range of employment matters ranging from relatively straight forward unfair dismissal claims to complex discrimination claims.

 

Glossary

Definitions Explanation
Form ET1 The claim form outlining your case and the nature of the dispute
Form ET3 The response form when a claim has been made against you
Particulars of claim Document that sets out the factual detail of your claim, and the legal basis for it.
Making an Unless order If you do not comply with an order made by the Employment Tribunal you risk losing part (or all) of your claim/response.
Interlocutory applications A provisional decision given during the course of a legal action

 

The Costs that you are likely to incur bringing or defending claims, whether you are an employer or an employee will depend on the complexity of the case and whether or not the case proceeds to the tribunal.

Depending upon the region and the district tribunal used, your case may take up somewhere in the region of 12 to 18 months to go before a tribunal for determination. Generally speaking we would estimate that during the course of a case which proceeds to determination at a tribunal you are likely to have spent on average between £750 to £1,000 plus VAT per month on solicitor fees plus disbursements (which are explained below).

 

Settlement Agreements

We also offer a very competitive fixed fee for dealing with settlement agreements, where both employer and employee are agreeable to entering into such an agreement to bring the employees employment to an end. The work will involve:

• Review of your employment circumstances and history;
• Review of your contract of employment and the proposed settlement agreement
• Advise regarding the proposed settlement agreement
• Amendment to the settlement agreement
• Correspondence and negotiation with your employer and reporting to you.
• Completion of the settlement agreement.

Some matter which start off as proposed settlement agreements may expand to become contentious and protracted matters, in which case the below costs information would apply.

 

Claims and General Advice

We offer a fixed fee initial 30 minute meeting for £100 plus VAT for all contentious employment matters during such time we will take your initial instructions, reviewing the papers and assess your position, advising you on merits and likely compensation if you proceed with a claim or defence (this is likely to be revisited throughout the matter and subject to change if we are instructed further)

All further work and time spent will be carried out at a rate of £200 plus VAT.

 

Key Stages in Contentious Employment Proceedings

The hourly rate fees of £200 plus VAT set out above cover all of the work in relation to the following key stages of a claim:

• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
• Preparing claim ET1 or response ET3
• 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 if some of stages above are not required, the fee will 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 on your individual needs.

 

Our estimated pricing for bringing and defending claims for unfair or wrongful dismissal:

Simple case: £5,750.00-£8,000.00 (plus VAT and disbursements)

Medium complexity case: £8,000.00-£10,000.00 (plus VAT and disbursements)

High complexity case: £10,000.00-£18,000.00 (excluding VAT)

 

Factors that could make a case more complex:

• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
• Defending claims that are brought by litigants in person
• 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

 

There will be an additional charge for attending a Tribunal Hearing of £1,500.00 per day (plus VAT and disbursements). Generally, we would allow 1-2 days for a standard unfair dismissal case and 8 – 14 days for discrimination cases. Please also note that if you have an appointed a barrister it may also not be necessary for your solicitor to attend everyday of the hearing. This can be discussed with you once a hearing date and time allowance has been set by the tribunal.

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees and barrister fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Barrister’s fees are estimate at between £250 and £300 plus VAT according to experience and period of time since qualification and admission to the roll. Some more junior barrister would be a lower hourly rate. The barrister’s hearing fees are estimated between £1,500.00 to £2,000.00 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

 

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. If a settlement is reached during pre-claim conciliation, your case is likely to take 8-12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26-52 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.