Our charges

The cost of our advice varies depending upon how complex the matter in question is and what you would like us to do. For a free, no obligation, quote specifically tailored to the advice required, please email Amy directly on amy@cunninghamlegal.co.uk or call her on 020 3858 3922 or 07539397596 or submit an enquiry using the “Get a Quote” button above. We would be more than happy to discuss the matter with you.

Many of our services are offered on an agreed fee basis, meaning that we will agree with a client a fee for a particular piece of work before it is undertaken. Alternatively, we may agree with a client to work on an hourly rate basis where matters are complex or if the extent of the advice required is not yet clear. Our clients are always given an estimate of costs after our initial meeting or as part of the engagement process. 

Where VAT is referred to below please note that this will be charged at the applicable rate, which is currently 20%.

employment tribunal claims

To comply with regulatory rules on price transparency, we have set out below details of our charges for one particular area of our work - unfair and wrongful dismissal claims.

Our costs in relation to such claims are generally the same whether we are working for an employee bringing a claim or representing an employer defending a claim.

Our charges in such claims are made up of:

a)       our fees for the legal work; and

b)       “disbursements” - disbursements are costs related to your matter that are payable to other people, such as fees for a barrister’s opinion or help at the Employment Tribunal. We handle the payment of the disbursements on your behalf to ensure a smoother process.

(a) Our fees

Our fees will either be agreed with you as a fixed sum at the start of your case or based on how much time it takes to deal with your case. We try to agree fixed fee sums where possible but for work conducted on a time spent basis our standard hourly rate is £400 plus VAT.

To give a very general idea of how much our fees (excluding “disbursements” – see below for those) tend to be in a claim for unfair or wrongful dismissal the ranges tend to be:

·       Simple cases: £20,000 to £50,000 (excluding VAT);

·       Medium complexity cases: £50,000 to £100,000 (excluding VAT);

·       High complexity cases: £100,000 + (excluding VAT).

Fixed fees would typically fall within these ball park estimates also.

There is an additional charge for attending a Tribunal Hearing of £2000 per day (excluding VAT). Generally, we would allow 1-5 days depending on the complexity of your case. It will not always be necessary to have an Employment Tribunal hearing and we can provide further guidance once we know more about your particular circumstances.

As can be seen from the above, the time spent on a case and our costs can vary significantly depending upon how complex a case is.  A case is likely to be more complex (and so incur more time and cost) if:

  • it is necessary to attend a long hearing;

  • it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;

  • it is necessary to defend claims that are brought by litigants in person;

  • it is necessary to make or defend a costs application;

  • there are complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties);

  • the number of witnesses and documents is high;

  • it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer; and/or

  • there are allegations of discrimination which are linked to the dismissal.

(b) Disbursements

You will also need to pay for “disbursements” in addition to our fees as described above. In an unfair or wrongful dismissal claim the most common disbursements are for barrister’s fees. A barrister is often used to deal with an Employment Tribunal hearing if your case is not settled before this time (which can often occur, but does not always). Barrister fees can vary depending upon the complexity of the case (see above for the factors which impact upon how complex a matter is). For a very junior barrister a day rate to attend a hearing would be £750.00 plus VAT per day whereas at the more expensive end of the scale a very experienced barrister may charge up to £3000 plus VAT per day. If a matter proceeds to an Employment Tribunal hearing then it may take 1-5 days to conclude, depending on the complexity of the case.

Other costs to consider

Normally you do not have to pay your opponent’s costs in an Employment Tribunal claim but we will guide you further if we feel that you are at risk of this at any stage.

Key stages of your claim

The typical costs outlined above cover all of the work in relation to the following key stages of an unfair dismissal or wrongful dismissal case:

  • Taking your initial instructions, reviewing the papers and advising you on your prospects of success in the claim and the likely compensation, although this is likely to be revisited throughout the case and subject to change.

  • Entering into pre-claim conciliation with ACAS where this is mandatory to explore whether a settlement can be reached.

  • Preparing your claim or response.

  • Reviewing and advising on the claim or response from the other party.

  • Exploring settlement and negotiating a 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 bundles of documents for the final hearing.

  • Reviewing and advising on the other party's witness statements.

  • Agreeing a list of issues, a chronology and/or cast list.

  • Preparation and instructions to the barrister (if this is not being done in-house by us) for the final hearing.

The stages set out above are an indication only and if some of the stages are not required, the fee may be reduced. Some clients may wish to attempt to handle some parts of a very straight-forward matter themselves and only have our advice in relation to some of the stages.  This can also reduce the cost if your case is one where we’re comfortable that this is a sensible approach to take. However, often this is not advisable. 

It would not normally be necessary to undertake other work or incur other costs other than those described above. However, we would be very happy to provide you with a more tailored quote for all stages of your particular case once we know about your specific circumstances.

How long will my case take?

The time it takes from your initial instructions to the end of your case depends largely on the stage at which it is resolved. If a settlement is reached during pre-claim discussions, your case is likely to take 2 - 6 weeks. If your claim proceeds to a final hearing, your case is likely to take at least 26 - 52 weeks. This is just an illustration and we will be able to give you a more accurate timescale once we have more information from you and as the case progresses.

Who will be dealing with my case?

Your case will be handled by a trusted member of our experienced team. You can find out about the qualifications and experience of our lawyers here http://www.cunninghamlegal.co.uk/about-us