Unfair & Wrongful Dismissal Unfair & Wrongful Dismissal Unfair & Wrongful Dismissal Unfair & Wrongful Dismissal Unfair & Wrongful Dismissal

Unfair & Wrongful Dismissal

How we charge

At Rowberrys Solicitors our charges are open and transparent.  We agree the funding method and estimated costs with you, and we will keep you updated on what costs have been incurred on a regular basis. 

Free initial consultation meeting

We offer an initial, free of charge, 30-minute consultation meeting (usually on the telephone) to discuss your situation in more detail.  This initial free consultation will be without obligation and will include discussions around your options, next steps, and advise you on the likely costs and funding options available.

Funding options

There are various funding options available to you.

Hourly rate – for employees and employers

If we undertake work for you at an agreed hourly rate (depending on the seniority of the solicitor in charge of the matter, the complexity of the work involved and the volume of work) then fees are incurred in accordance with the time spent dealing with your matter.  You will always be provided with a fee estimate for the work to be undertaken.  As the matter progresses, you will be sent regular fee updates.

If you prefer this option, you will be entitled to retain 100% of any compensation you recover.

No-win, no-fee – for employees

We are always willing to consider your case on a no-win, no-fee basis.  Put simply, work carried out under a no-win, no-fee basis means that if you are not successful in achieving a settlement or successful at a Tribunal Hearing then you will not have to pay us any fees. 

No-win, no-fee arrangements are not appropriate for every situation, but we will consider your case and do our best to accommodate you if this is your preferred way of instructing us.  If it is better for you to agree a fixed fee or other arrangement, then we will advise you this at the outset.

Our fee for representing you under a no-win, no-fee arrangement is 35% (including VAT) of any compensation we successfully recover for you, either by way of a negotiated settlement of your claim, or after an Employment Tribunal hearing (plus payment for any disbursements we incur acting on your behalf, if applicable).  Where there is an existing offer of settlement, only the additional amount we have negotiated or recovered at Tribunal will form part of the no-win, no-fee arrangement.

This can be an attractive option at a time when your financial security is uncertain and if alternative ways of paying are not available to you.

If you wish us to assess whether your matter is eligible for a no-win, no-fee arrangement, we will consider your paperwork at a fixed fee agreed with you at the outset (usually £500 + VAT dependent on amount of paperwork).

Fixed fee – for employees and employers

In certain circumstances we offer a fixed fee for work.  We often offer this if preparing or advising on Contracts of Employment, Handbook etc.  We will agree this fixed fee with you before we undertake the work.

Legal expenses insurance – for employees

You might have legal expenses cover for an employment dispute as part of your buildings and contents insurance.  If you have this cover in place, we can help you apply to the insurer to cover legal costs.

You have the right to use any solicitor you choose.  Your insurer may push you to use one of their own panel solicitors.  However, if your insurer tries to compel you to use their panel solicitors, please refer them to us and we can liaise with them directly so that you can instruct a solicitor of your choosing.

Settlement Agreements – for employees

If you have been offered a Settlement Agreement, ordinarily our fees are paid by your employer. 

Fixed Fees to advise on the terms and effect of your Settlement Agreement – The convention (although it is not a requirement) is that your employer will pay our fees for advising you. The amount your employer is willing to contribute is usually set out within the Settlement Agreement itself. Our Settlement Agreement Fixed Fee Service includes your choice of a telephone, video or face to face appointment where we will discuss the circumstances of your situation, advise you in respect of your Settlement Agreement, draw to your attention any potential Employment Tribunal claims being settled, and (if you decide to sign the Settlement Agreement), arrange for the return of your signed document to your employer.

Hourly rate to advise on the terms and effect of your Settlement Agreement and negotiate with your employer - If you are not being properly compensated, or if other amendments are desirable, we will advise you fully on the alternatives available to you. In the event you choose not to sign the Settlement Agreement at our initial meeting and decide you wish to re-negotiate the amount of compensation you are being offered and/or some of the other terms within the Settlement Agreement, we can undertake those negotiations. You will be charged an hourly rate for the work undertaken, but we would ask your employer to increase its fee contribution.

Pricing for bringing and defending Unfair and Wrongful Dismissal Claims

Below you will find pricing information for employers or employees involved in an Employment Tribunal claim relating to an Unfair or Wrongful Dismissal.

If you would like a more accurate quotation, please contact our Employment Team, who will give you a quotation based upon your specific circumstances.

Who will advise you?

Rebecca Ellerbeck in our Employment Team is a qualified solicitor with over 16 years post-qualification experience acting for both employers and employees.

Range of costs

Our range for costs for bringing or defending claims for Unfair and Wrongful Dismissal are as follows:

  • Simple case - £1,500 to £5,000 plus VAT and disbursements.
  • Medium complexity case - £5,000 to £15,000 plus VAT and disbursements.
  • High complexity case - £15,000 to £30,000 plus VAT and disbursements.

What do the fees cover?

The fees set out above cover the following stages of the claim:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation.
  • Entering into pre-claim conciliation.
  • Preparing a claim or response and advising on the claim or response received from the other party.
  • Exploring settlement and negotiating settlement throughout the process.
  • Preparing and considering any schedule of loss.
  • Preparing for, and attending, any Preliminary Hearing.
  • Exchanging documents with the other party and agreeing a bundle of documents.
  • Drafting witness statements.
  • Agreeing a list of issues, chronology and/or cast list.
  • Preparing and attending a final hearing (including instructions to counsel where necessary) listed for 1-2 days.

The stages above are an indication of the stages which may be required in any unfair or wrongful dismissal claim.  If some of the stages are not required, the fee may be less.  The fee may also be less in circumstances whereby you handle the claim yourself and obtain our advice on an ad hoc basis.

Variable factors that can make a case more complex

A case may become more complex in the following scenarios:

  • Where the claim is listed for 3 days or more.
  • Where 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.
  • Dealing with complex preliminary issues (such as whether a Claimant has a protected characteristic such as a disability, when not agreed by the parties).
  • Where there are several witnesses and lots of documentation.
  • Where the claim is one of Automatic Unfair Dismissal or where there are allegations of discrimination linked to the dismissal.

There may be an additional charge for attending a Tribunal hearing of up to £1,000 per day (plus VAT) plus travel time and expenses where necessary.

Disbursements

Disbursements are costs payable to third parties, and include counsel’s fees, expert’s fees and travel expenses.

Counsel’s fees vary, depending upon the experience of the advocate, the amount of papers involved and the complexity of the case, but are estimated at an initial fee for attending the first day of the Tribunal hearing (including preparation) of between £500 and £4,000 together with a fee of between £500 and £1,750 for each additional day of the hearing.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of the matter depends on the stage your case is resolved.  Generally, if settlement is achieved during pre-claim conciliation, your case is likely to take between 4-8 weeks.  If your claim proceeds to a final hearing, your case is likely to take between 20-78 weeks, depending upon the availability of the Tribunal and witnesses.

Please contact our Employment Team to discuss your specific situation.