Employment Tribunal pricing

Information on prices and services as required by Rule 1 of the SRA Transparency Rules

In December 2018 the Solicitors Regulation Authority (SRA) published their new Transparency Rules, with the aim of making sure that consumers have the information they need to make an informed choice of legal service provider, including understanding what the costs may be. The rules require all regulated law firms to publish information on the prices they charge in relation to certain services, including bringing and defending claims in the Employment Tribunal.

The services and pricing information which Swinburne Maddison is required to provide under these new rules are set out below.

If you have any questions in relation to the information provided on this page, please do not hesitate to contact us on 0191 384 2441.

Pricing

Our pricing for bringing and defending claims in the Employment Tribunal is as follows:

  • Simple case: £6,000 to £11,000 plus VAT (at the current rate of 20%)
  • Medium complexity case: £11,000 to £26,000 plus VAT (at the current rate of 20%)
  • High complexity case: £26,000 to £65,000 plus VAT (at the current rate of 20%)

Factors that could make a case more complex include the following:

  • 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
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents If it is an automatic unfair dismissal claim e.g. if you are dismissed in connection with the transfer of a business
  • Allegations of discrimination which are linked to the dismissal
  • Allegations of whistle blowing
  • The number of causes of action and types of claim

Disbursements

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

Counsel’s fees are estimated between £1,000 to £5,000 plus VAT (at the current rate of 20%) per day (depending on experience of the advocate) for representing you at a final Tribunal Hearing (including preparation.) Fees for representing you at a preliminary hearing are estimated between £500 to £2,000 plus VAT (at the current rate of 20%) per day.


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 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 other party
  • Exploring settlement and negotiating settlement throughout the process including drafting a Settlement Agreement
  • Preparing or considering a schedule of loss
  • Preparing for (and attending or representing you at) a Preliminary Hearing
  • Reviewing and exchanging documents with the other party
  • Considering documents disclosed by the other party
  • Agreeing a bundle of documents and drafting an index
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing final bundle of documents for use at the hearing
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Arranging and attending a conference with Counsel
  • Preparation and attendance or representation at Final Hearing, including instructions to Counsel
  • Advice on appeal


The stages set out above are an indication and if some of the stages above are not required, the fee may 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. If a settlement is reached during pre-claim conciliation, your case is likely to take up to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take between 26 and 78 weeks. 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.

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