At Foys we deal with a variety of employment claims for both Employees and Employers. We also advise on Settlement Agreements and prepare employment related documents such as Contracts of Employment, Staff Handbooks and Settlement Agreements.
There are various ways in which a case can be funded. For Employees you might have the benefit of Insurance funding, Union support and we might be willing to offer to represent you on a Damages Based Agreement (No Win No Fee). Alternatively we can represent you on a private paying basis.
For Employers, you might have the benefit of an existing Insurance Policy to cover costs. Alternatively we would be happy to represent you on a private paying basis.
The Employment claims that we can bring or defend include claims related to unfair dismissal, wrongful dismissal, redundancy, discrimination, whistleblowing and more.
If we are instructed to carry out work on a private paying basis, then our pricing structure for bringing and defending claims for unfair or wrongful dismissal are as follows:-
Simple cases: £1,000 – £3,000 plus VAT and disbursements.
Medium complexity cases: £3,000 – £7,000 plus VAT and disbursements.
High complexity cases: £7,000 – £12,000 plus VAT and disbursements.
The above figures provide a range of fees. Work carried out will normally be charged at our standard hourly rate which are as follows (as per professional guidelines for our geographical area):-
Solicitors with over eight years post qualification experience including at least eight years litigation experience.
Solicitors and Legal Executives with over four years post qualification experience including at least four years litigation experience.
Other Solicitors and Legal Executives and Fee Earners of equivalent experience.
Trainee Solicitors, Paralegals and other Fee Earners.
£201.00 per hour
£177.00 per hour
£146.00 per hour
£110.00 per hour
The above rates do not include VAT.
“Disbursements” referred to in this pricing structure relate to additional fees payable during the course of your instructions to us. Potential disbursements include travelling and parking expenses to attend meetings or hearings; medical records and/or Reports fees if required; Court or Tribunal fees etc. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Barristers fees are estimated between £750.00 – £1,500 plus VAT per day (depending on experience of the Advocate) for attending a Tribunal hearing (including preparation).
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 estimated to be between £750.00 – £1,500 per day (excluding VAT). Generally, we would allow 1 – 3 days for a Tribunal hearing, depending on the complexity of your case. However, sometimes the hearing can be longer.
The fees set out above cover all of the work in relation to the following key stages of a claim:-
- Taking your instructions, reviewing the papers and advising you on the merits and likely compensation (this is likely to be revised 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 response.
- Reviewing and advising on a claim or response from the 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 contents with witnesses.
- Preparing Bundle of documents.
- Reviewing and advising on the other parties witness statements.
- Agreeing a list of issues, a Chronology and/or a Cast list.
- Preparation and attendance at a Final Hearing, including Instructions to Counsel.
The stages set out above are an indication and if some stages 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.
How long will the 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 1 – 3 months. If your claim proceeds to a Final Hearing your claim is likely to take 4 – 12 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.
We provide an initial free consultation which will allow us to explore different funding options with you and prospects of your case.
In employment tribunal cases each party is normally responsible for payment of their own legal fees, whether they win or lose the case. However, a party can be ordered to pay some or all of the Opponents legal costs in certain circumstances.
You will find further relevant information about employment claims on our website. Further relevant information about employment claims and procedures can also be found at www.acas.org.uk and www.gov.uk/employment-tribunals.
Employment cases at Foys Solicitors are handled by Anuj Makol – Partner.
Anuj Makol – Partner
Anuj is the Head of our Employment team and the Joint Managing Partner of the Firm. Anuj is the Head of the Firms Civil Litigation Department and a Member of the Employment Lawyers Association. He joined Foys in 2001, qualifying as a Solicitor in 2003, becoming a Partner in 2013. Anuj is based at our Doncaster Office and deals with both Employers and Employees.