Funding & Costs

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Funding options

Roy believes his costs should be transparent from the outset and should never be a surprise.

Roy offers a number of flexible funding options from acting for you under a fixed fee, where possible, to stage-by-stage quotes and forward thinking costs planning with regard to his hourly rate. Such fees will be bespoke in every case, but Roy has set out guidelines as to what costs might look like below.

In appropriate cases, Roy may be able to act for you under a Damages Based Agreement (a type of 'no win, no fee' agreement).

It is also important for you to check if you have legal expenses cover as part of your insurance policy. It may be that your legal fees may be able to be covered by your insurer.

Likely costs

It is important to know what the likely cost of taking a claim to the tribunal – or defending one – will be. Law firms are obliged to publish this information for unfair and wrongful dismissal claims.

Essentially, the more time-consuming a case, the greater the cost. There are several factors to consider. Some of these include:

• The number of claims brought
• The type and complexity of claims brought
• The length of history 
• The amount of documentation involved
• The number of witnesses involved
• The amount of time the hearing is listed for
• How co-operative/professional the opponent/their adviser is

Costs in unfair and wrongful dismissal cases

Although it is difficult to provide a standard range of costs,the normal range of fees you can expect if you instruct Roy are as follows:

Simple case: (one day, one claim, one witness for each side) – £3,000 - £7,500 (plus VAT)

Mid-complexity case: (2-3 days, 2 claims, 3-4 witnesses) – £7,500 - £18,000 (plus VAT)

Complex case: (4-5 days, 3+ claims, 4+ witnesses) – £18,000 - £30,000 (plus VAT)

Additional costs 

Disbursements are costs related to your matter that are payable to third parties, such as medical experts (where relevant) or to Counsel (barristers). You will pay these fees direct to the expert or barrister.

Counsel’s fees can be between £1,500 to £10,000 per day (usually plus VAT), depending on experience of the barrister, for attending a Tribunal Hearing. Depending on the complexity and work involved, Roy may sometimes need to seek Counsel’s opinion, which could cost you anything from £1,000 to £5,000 (usually plus VAT).

Occasionally the Employment Tribunal may ask for a payment into the Tribunal to allow you to continue your case (known as a Deposit Order). This is unusual and is usually up to £1,000 for each issue the Tribunal may think has a limited chance of success. 

There tend to be standard stages in Employment Tribunal cases as follows:

• Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation of your claim or the defence of the claim (this is likely to be revised throughout the matter and subject to change)
• Entering into pre-claim conciliation (which is mandatory) via Acas to explore whether a settlement can be reached
• Preparing the ET1 (Claim Form) or ET3 (Response)
• Reviewing and advising on the claim or response from the other party
• Exploring settlement and negotiating for 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
• Drafting statements and agreeing their content with the witnesses
• Preparing and agreeing the bundle of documents
• Reviewing and advising on the other party’s witness statements
• Agreeing a list of issues, a chronology and/or cast list as ordered by the Tribunal
• Preparation and attendance at the Final Hearing (this may  include instructions to Counsel)

What would not be included?

There may be some work leading up to issuing proceedings, such as:

• The initial consultation with Roy
• Reviewing documentation 
• Raising a grievance
• Writing ‘open’ or ‘without prejudice’ letters,
• Attempting a negotiated exit with a settlement agreement

These will be quoted and charged for separately.

Timescales

Progressing a case can also be a lengthy process. Although settlement can be achieved within weeks, a simple case may take over 6 months to be heard, a mid complexity case possibly over 9 months, and a complex case a year or more.

Further information

If you would like any more information about fees, please contact Roy on 01869 325 883 or  roy@magaralaw.co.uk .