Settlement Agreements

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We evaluate your situation and explain your rights, your potential gains if you go to tribunal and assess the situation all together with factual and legal sides to it. Once you make your decision we get written instructions from you and co-sign the Settlement Agreement.

 

Our fee for settlement agreement advisory is fixed to £500 + VAT. This fee is paid by your employer. No fee is collected from your side whatsoever.

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Employment Tribunals

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At the beginning of your case, we will explore various funding options for your employment claim. Since each case is unique, it’s challenging to predict the exact cost from start to end as it depends on the case’s complexity.

The complexity of a case is determined by several factors, including the value, the circumstances, and the evidence. For instance, an unfair dismissal claim in a redundancy situation is typically straightforward. However, an unfair dismissal claim in a redundancy case where the actual reason for dismissal is whistleblowing is likely to be complex. Our guidance covers a variety of cases in bringing a claim for unfair or wrongful dismissal.

Please note that this is not an estimate or a quote. Each case will be individually discussed, and a cost indication based on the specific circumstances will be provided at that time. This cost indication will be revised as the case progresses and may increase if unexpected complexities arise.

No Win No Fee Employment Lawyer Fees

As mentioned on our main fees page, we can offer no win no fee arrangements or damages-based agreements (“DBA”). To determine if we can offer a DBA, we assess the case’s merits and commercial viability. We seldom offer a DBA to represent throughout the litigation process. However, if a DBA is in place, we may offer to carry out the work involved in Tribunal litigation at a reduced hourly rate.

Even under a DBA, you would be responsible for any ‘disbursements’ which you would have to pay as they are incurred (see below). If we successfully recover compensation on your behalf, our fee would be payable at the end of your case, once you have received payment from your employer.

It’s important to note that many cases settle before a hearing, and the pre-litigation costs for negotiating a settlement generally range from around £500-£5,000 plus VAT (depending on how matters progress and the amounts in issue), but can exceed this if we achieve a high settlement agreement value. For example, if we secure £100,000 for you, at 20%, then our fee would be £20,000.

Approximate cost of pursuing a claim for an unfair & wrongful dismissal & discrimination

Low complexity claim: £2,500-£5,000 (plus VAT) – this would include significant work from you
Medium complexity case: £5,000-£10,000 (plus VAT) – this would include significant work from you
High complexity case: up to or over £30,000 (plus VAT)

 

Factors that could make a case more complex include:

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• Amending claims and/or providing further information in an existing claim;

• Adding a new claim, joining new parties to the proceedings;

• Factual dispute about the sums owed;

• Making or defending applications during proceedings;

• Complex preliminary issues – for example, the employment status of the individual bringing proceedings or questions of jurisdiction;

• Making or defending a costs application;

• The evidence available;

• The number of witnesses;

• The evidence available and the number of documents; and

• Problems linked to disclosure of documents, admissibility and requests for specific disclosure.

 

Our hourly rate starts from £200 plus VAT up to £300 plus VAT. Our rates may increase each year. If we are instructed to attend a Tribunal Hearing, there will be additional charges for our attendance at the Tribunal, calculated with reference to our hourly rate.

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Disbursements

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Disbursements are expenses related to your case that are payable to third parties, such as court fees, fees for barristers (£500 - £1,500) or experts (around £500 depending on the complexity and number of experts) and courier charges.

Disbursements are expenses related to your case that are payable to third parties, such as court fees, fees for barristers or experts, and courier charges. We manage the payment of disbursements on your behalf to ensure a smoother process, but we will need to be provided with funds in advance.

The fees for barristers vary significantly. For a simple unfair dismissal claim, you should anticipate paying at least £500 (plus VAT) per day (depending on the barrister’s level of experience) for representation at a Tribunal Hearing.

As a general rule, the more complex the case, the more experienced the barrister, and the higher the fees. For hearings that last more than one day, a barrister will charge a brief fee and an additional ‘refresher’ fee for each day they have to attend the hearing. They usually charge travel costs on top.

 

Key stages

The fees mentioned above cover all the work related to the following key stages of a claim:
 

• Taking your initial instructions, reviewing the papers, and advising you on the merits of the case and likely compensation;

• Engaging in pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;

• Preparing the claim form and Grounds of Claim, outlining your case and the nature of the dispute, or preparing the response form if a claim has been made against you;

• Reviewing and advising on the response from the other party;

• Evaluating the value of the case and merits throughout the process;

• Exploring settlement and negotiating settlement throughout the process;

• Calculating financial loss;

• Preparing or considering a Schedule of Loss;

• Preparing for (and attending) a Preliminary Hearing (including instructing counsel where necessary);

• Corresponding with the opponent and Tribunal;

• Exchanging a List of Documents and copies with the other party and agreeing on a bundle of documents;

• Taking witness statements, drafting statements, and agreeing on their content with witnesses;

• Preparing the bundle of documents for the Final Hearing;

• Reviewing and advising on the other party’s witness statements;

• Agreeing on a list of issues, a chronology, and/or cast list; and

• Preparation and attendance at the Final Hearing, including preparing instructions to the barrister

 

These stages vary from case to case, and not all stages are required in every case. We can discuss ways to reduce fees by doing some work yourself with our assistance and guidance.

 

How long will my matter take?

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The time it takes from taking your initial instructions to the final resolution of your matter largely depends on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation/negotiation, your case could take as little as a few days or weeks.

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If your claim proceeds to a Final Hearing, your case is likely to take 6-9 months (this depends on when the Employment Tribunal schedules the Final Hearing) but it can take longer to get a hearing date due to court backlogs. It is not uncommon, in complex cases, for hearings to be listed 18 months after the dismissal takes place.

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This is just an estimate. During the process, we would provide you with a more accurate timescale when more information is available and as matters progress. If unforeseen complexities arise, then we will inform you and provide a revised estimate.

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