Knights | Employment

Employment

Our prices relate to the handling of an Employment Tribunal claim for either unfair or wrongful dismissal.

Complexity of Case	Our Fees (£)	Criteria for complexity of case
Simple case	£4,000 - £8,000	Full hearing lasting no longer than two days (including any remedy hearing). No more than three witnesses in total (2 for employer, one for employee). Fewer than 100 pages of evidence in the Tribunal bundle (in addition to the grounds of claim, response and any correspondence from the Tribunal setting out the case management directions). Representation by junior counsel, solicitor or associate solicitor.
Medium complexity case	£8,000 - £25,000	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. The case involves complex preliminary issues (such as whether the claimant is disabled (if this is not agreed by the parties), or whether the employment tribunal has jurisdiction to deal with the claim or whether the claim should be struck out) which fall to be determined at a contested preliminary hearing and or by following a framework of specific Orders from the employment tribunal. If the full hearing is expected to last between three and five days (including any remedy hearing). More than four witnesses. Between 100 and 300 pages of evidence in the Tribunal bundle (in addition to the grounds of claim, response and any correspondence from the Tribunal setting out the case management directions). If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer There are allegations of discrimination which are linked to the dismissal. There is a need for detailed findings of fact regarding the claimant’s conduct relied upon by the employer to defend a wrongful dismissal claim. The value of the claims might exceed £30,000. Representation by junior or senior junior counsel or a senior associate or partner.
High complexity case	£25,000 +	If the full hearing is expected to last more than five days. More than ten witnesses. There is a significant reputational risk for the employer. Over 300 pages of evidence in the Tribunal bundle (in addition to the grounds of claim, response and any correspondence from the Tribunal setting out the case management directions). Representation by senior junior or leading counsel or a partner. Case value might be in excess of £60,000.00.

There will be additional charges if one of our colleagues is required to attend a Tribunal Hearing to take notes, of between £600 and £900 per day (excluding VAT), depending on their hourly rate.

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 the other party;
exploring 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.

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, and its complexity (see above). If a settlement is reached during pre-claim conciliation, your case is likely to take 6 to 8 weeks. If your claim proceeds to a Final Hearing, your case will be heard on the date fixed by the Tribunal, often having regard to all parties’ availability. We would expect simple cases to be heard within 6 months. This is largely dependent also upon the resources of the Tribunal centre responsible for your case. More complex/longer cases could take over a year to be heard. Anything longer than 18 months for a full hearing is still regarded as unusual, though not unheard of. 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.

Disbursements are costs related to your matter that are payable to third parties, such as travel, subsistence and accommodation expenses or counsel’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel's fees can vary significantly (depending on the experience and seniority of the advocate) for attending a Tribunal Hearing (including preparation). Counsel’s hourly rates can range from £150 to £450 + VAT. They tend to charge fixed fees for attending and preparing for hearings or advice meetings (conferences) or for providing written opinions or draft statements of case. When we instruct counsel, we will always agree their fees with you in advance and would ask for you to make a payment on account of their fees before the instructions are confirmed.

Employment

Employment

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