Unfair/Constructive Dismissal Pricing Information

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Blacks’ pricing for bringing and defending claims for unfair or constructive dismissal:

  • Simple case: £6,000 – £8,000 (excluding VAT)
  • Medium complexity case: £8,000 – £13,000 (excluding VAT)
  • High complexity case: £13,000 – £26,000 (excluding VAT)

Factors that could make a case more complex:

  • The number of Claimants or Respondents
  • 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 (people with no legal representation)
  • Making applications for witness orders
  • Applying for medical records or a medical report
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • Preparation of a complex schedule of loss (document detailing all claimed losses)
  • The number of witnesses and volume of documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer; and no process has been followed by your employer
  • Claims relating to shareholdings or company directorships
  • Insolvency, TUPE or collective consultation related claims
  • Allegations of discrimination which are linked to the dismissal.

There will be an additional charge for attending a Tribunal Hearing based on the hourly rate of the fee earner with conduct of the litigation per day. Generally, we would allow one – five days depending on the complexity of your case.  Hourly rates range from £215 to £325 (plus VAT), depending on the experience and the level of the solicitor dealing with the matter.

Disbursements

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

Barristers’ fees for assisting with a matter are generally from £750 to £2,500 (plus VAT) per day (depending on their experience) for attending a Tribunal Hearing (including preparation for the Hearing).

Key stages

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 ACAS Early Conciliation to explore whether a settlement can be reached
  • Preparing claim or response
  • 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 (document detailing losses claimed)
  • 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 case list together with any supplemental documents required
  • 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 and will impact on price.

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 2 – 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take two – eight 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.