Tribunal costs orders – claimants beware
Chambers UK, 2019
Our employment solicitors act for a broad range of employers including entrepreneurial start-ups, well established public companies and professional services firms. We also focus our practice on representing senior executives and board directors, partners, entrepreneurs, and high profile public figures.
Whilst we are employment specialists, we regularly build cross departmental teams to deliver a seamless client service, for example in matters that require the involvement of Kingsley Napley’s immigration, corporate & commercial, criminal and regulatory teams.
Below are our key services, however, if you do not find what you are looking for, pick up the phone and give us a call, or email us. We will almost certainly have come across a similar issue to the one you face – and will have learnt from the experience.
Most of our services are offered on an hourly rate basis and as many of our clients’ matters are complex and often involve multiple parties, there is rarely a typical case. Our clients are given an estimate of costs after our initial meeting or as part of the engagement process. There are some areas where we are able to be more indicative and, as in accordance with the Solicitors Regulation Authority (SRA) guidance on price transparency, we have published our price and service information where it is possible to be upfront about charges without knowing all the details of the matter.
The services we provide include both pursuing and defending employment tribunal claims and appeals. Most of the claims in which we act are complex claims involving not only claims of unfair and wrongful dismissal but also whistleblowing, discrimination, equal pay or other claims. Whilst we do straightforward claims from time to time it is always necessary to weigh up whether the potential outcome of the matter can justify the costs involved.
The key stages of a claim which are covered within our normal fees are as follows:
The key stages set out above are an indication. If some of stages are not required, the fee will be lower. 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 in accordance with your individual needs.
If there are additional stages the costs will be higher. Additional stages include:
We generally base our fees on hourly rates although on some work we are able to offer fixed fees. The current members of our team and their hourly rates are as follows:
These hourly rates do not include VAT (currently at 20%).
Disbursements are payable In addition to these charges. Disbursements are amounts we pay to third parties for expenses such as travel costs and counsel’s fees.
Every case is different and many of our cases are complex and involve multiple parties and claims and difficult legal issues. There is no such thing as a typical case. However, for convenience we have divided employment tribunal claims into three bands according to complexity.
An employment tribunal claim involving only claims of unfair dismissal and wrongful dismissal will normally, but not always be a simple claim.
These figures are all based on the case continuing through to trial. In reality most cases are resolved before trial.
Cases of medium or high complexity may include claims of wrongful or unfair dismissal but will usually involve other claims as well. Typically high complexity cases will involve claims of discrimination or whistleblowing.
Each day of a tribunal hearing will incur a charge based on the time spent and the hourly rate of the lawyer. This will typically be over £2000 (excluding VAT). In addition counsel’s fees will be incurred each day that the hearing continues (see below). These costs are included within the bands of fees outlined above.
Generally, we would expect a hearing lasting 1-2 days for a simple case, 2-4 days for a medium complexity case and 5 days or more for a high complexity case.
Disbursements are costs related to your matter that are payable to third parties, such as counsel’s fees, expert’s fees, travel expenses and court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel's fees vary according to the experience of the individual counsel. Fees for a hearing are usually based on a brief fee which covers the cost of preparation and the first day of the hearing and “refresher” or a daily rate which is payable for the second and each subsequent day of the hearing. Typical fees for counsel are as follows:
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 2-4 weeks. The aim of employment tribunals is to conclude all cases within 26 weeks of the claim starting but in reality it may take longer to conclude, often 40-60 weeks from the claim starting to the final hearing. This is an estimate and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.
Partner and Head of Department
Professional Support Lawyer
They are an incredibly efficient team that builds relationships and cares about the client"
Chambers and Partners 2019
The firm has managed to retain the dedicated personal service ethos"
Legal 500, 2019
Their ability to put themselves in their clients' shoes sets them apart."
Chambers and Partners 2018
Kingsley Napley LLP stands out for its experience acting for senior executives in contentious matters"
Legal 500 UK, 2018
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