Employment Fees

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Employment Fees

UNFAIR OR WRONGFUL DISMISSAL

Hourly rates for Debt Recovery cases

Our fees for bringing and defending claims for unfair or wrongful dismissal, on a private - paying basis, will usually be at an hourly rate of £300 per hour plus VAT. Routine letters, emails and telephone calls will be charged as units of one-tenth of an hour. Other letters, emails and calls will be charged on a time basis.

On 1 January of each year, our hourly rates are reviewed to take into account changes in overhead costs and you will be notified in writing of any increased hourly rate.

In addition to your legal costs with Callistes, you may also incur some disbursements. Disbursements are costs related to your matter that are payable by you to third parties, such as counsel’s fees, expert’s fees or medical records. You may be required to pay the funds directly to the third parties.

Factors that may affect the cost of your matter

It is difficult to give an accurate assessment of your likely legal costs at this early stage. There are a number of factors can affect the complexity and /or length of your case, and therefore the amount of your legal costs with Callistes, such as:

• The number of parties to the case;
• The willingness of the parties to negotiate and the ability to reach a settlement;
• If it is an automatically unfair dismissal case;
• Any preliminary issues, such as disabilities or discrimination;
• The involvement of any litigants in person;
• The number of witnesses involved in the case;
• The amount of documentation involved in the case;
• Whether tribunal proceedings are required;
• If it is necessary to make or defend applications, to amend claims or to provide further information about an existing case;
• Making or defending a costs application;
• The number of hearings;
• Whether tribunal proceedings proceed all the way up to and including a final hearing;
• The length of the final hearing.

Disbursements

Counsel’s fees are estimated at £1,500-£3000 per day plus VAT (depending on experience of the advocate) for attending a tribunal hearing lasting 1 full day (including preparation). Generally, we would expect the final hearing to last 1 full day, although additional days may be required in more complex matters. Shorter hearings, such as interim hearings, are typically proportionately less.

• Our estimate (up to and including a final hearing)
• Simple: £7500-£9000 excluding VAT: 25-30 hours Counsel’s fees - £1500-£3000
• Medium: £10,500-£13,500 excluding VAT: 35-45 hours Counsel’s fees - £2000-£3500
• Complex: £15000-£22,500 excluding VAT: 50-75 hours Counsel’s fees - £3000-£5000

The estimate above is not a binding quotation and cannot allow for each and every scenario which may occur. We usually agree a fee at the outset. We will be able to provide you with a more accurate estimate of your costs once we know more about your case and once we know the other side’s position. Should our fee change, for example, due to unforeseen complexities or where additional work is required, we will advise you of this and provide revised costs information. The estimate above does not apply to claims brought under discrimination legislation.

What work is included in our estimate?

The estimate set out above includes all of the work in relation to the following key stages of a case:

• 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 the claim documentation or the response to the claim documentation;Reviewing and advising on the claim documentation or the response to the claim documentation from other party;
• Exploring settlement and negotiating settlement throughout the process;
• Preparing or considering a schedule of loss;
• Preparing for (and attending) any preliminary or interim hearing;
• Exchanging documents with the other party and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses;
• Reviewing and advising on the other party’s witness statements;
• Preparing a bundle of documents for the final hearing;
• Agreeing a list of issues, a chronology and/or cast list;
• Preparation and attendance at final hearing, including instructions to counsel.

The stages set out above are an indication only. If some of stages above are not required, the fee will be reduced.

Costs that you may have to pay the other party

As a general rule, legal costs are not awarded to the successful party in an Employment Tribunal claim. However, the Employment Tribunal can order that one party pays the other party’s legal costs (including disbursements):

• If the tribunal has postponed the day or time fixed for a hearing on the application of a party, that party may be ordered to pay the other party’s legal costs;
• If the paying party has, in bringing or conducting the proceedings, acted vexatious, abusively, disruptively or otherwise unreasonably or the bringing or conducting of the proceedings by the paying party has been misconceived;
• If a party has not complied wit h an order or practice direction.

No win no fee

We are unable to assist you with this matter on a no win, no fee basis.

Legal Aid

Legal Aid is not available for Employment Tribunal matters.

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 2–4 months. If tribunal proceedings are required and your claim proceeds to a final hearing, your case is likely to take 7–10 months. 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.