Employment Tribunal Fee Guide
REPRESENTING
We have experience in representing both employers and employees in contentious employment matters.
Work and employment is an integral part of your life, whether you are an employee or an employer. It is vitally important that your legal rights are fully protected and enable you to progress in the work place and achieve your professional ambitions and goals.
Unfortunately, there are times when things go wrong and it is essential that you have the expert advice available to take you through each step of the process.
WHY US?
Dunn & Baker Solicitors have dealt with similar situations that you are facing; we understand, we assess and we explore all the options available to you with the primary aim of protecting you.
In doing so, all parties must act efficiently, proportionately and in the most cost effective manner. From the outset we will seek to provide you with a fee estimate and will keep you updated on any changes in cost so you can prepare for all circumstances.
As we act for both employees and employers, we understand and appreciate the unique circumstances you face. Our legal experts have dealt with employment tribunals all over the country, have worked in house within organisations and have assisted individual employees. This means we are experienced enough to ‘see the bigger picture’, looking at things globally and commercially, to help you strategize and achieve the best result for you.
PRICING
The total cost depends on the amount of work that we have to invest in and each case is different. It is our aim to make fees simple, clear and understandable. Your options will be discussed to ascertain the most cost effective way of approaching an employment tribunal.
In assessing fees, we broadly break them down into three main categories; preparation for the trial, representation at the trial, and dealing with the outcome.
In each category lies the various stages and key milestones of litigation. Consideration of these areas assists us in providing a clearer fee estimate. For example, the following stages of litigation may apply to your instructions:
- Pre Action (for example dealing with ACAS).
- Mediation/ settlement discussions.
- Issue Stage (settling the claim form and).
- Response Stage (taking receipt of and considering the defendant’s defence response).
- Preparing and assessing schedule of loss (if acting for claimant).
- Assimilation of and consideration of relevant documentation.
- Agreeing and review trial bundles and preparation of the same if instructed by respondent.
- Liaising with potential witnesses and drafting and resolving witness statements and considering opponent’s witness statements.
- Preparing case summaries, lists of issues, case chronology.
- Interim hearings / applications.
- Final trial.
From experience, a relatively straightforward unfair or wrongful dismissal case that results in a one day trial may cost in the region of £4-8,000 (plus VAT) if instructed by a claimant and £5-10,000 (plus VAT) is instructed by a respondent.
For a tailored quote please contact a member of our Civil Litigation team for your FREE initial consultation.
DISBURSEMENTS
You may also have to pay for disbursements which are costs related to your matter that are payable to third parties, such as court fees and counsel fees.
We would always recommend briefing counsel to represent you at the final trial; counsel’s fees vary, however, as an example (for a one day trial) we would estimate that a relatively junior counsel would charge in the region of £750 (plus VAT). A Queen’s Counsel (“QC”) could charge many thousands of pounds.
ADDITIONAL FEES
Litigation is an ever changing and moving environment. We can only give estimates due to the numerous external factors (a lot of which are beyond our control) which may affect matters and delay the progression of the litigation. In the event that issues become more complex, we will notify you and discuss any additional fees. Reasons for increased or additional fees may include:
- If it is necessary to make or defend interim applications;
- Defending claims brought by litigants in person;
- Making or defending costs applications;
- Dealing with complex preliminary issues (such as questions of disability);
- The number of witnesses / documents involved;
- Allegations of discrimination or whistleblowing.
JUDGEMENT DAY
Sometimes, even when the trial has concluded, there are matters that still require resolution. Handing down of the decision by the Judge may be delayed and may only be provided several weeks after the trial has ended. Employment tribunals provide extensive, substantive reasons for their decisions and so we would ‘walk’ you through the judge’s reasoning.
Additional fees may become payable should you require our assistance with:
- The bringing of or defending an appeal;
- The enforcement of any tribunal judgment/ award.
TIME SCALES
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/ pre action stage, your case is likely to take a matter of weeks. If your claim proceeds to a Final Hearing, your case is likely to take many 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.
FURTHER INFORMATION
ACAS provide some useful information on employment tribunals please click here to view.
http://www.acas.org.uk/index.aspx?articleid=1889
The government also provide some further information on employment tribunals please click here to view.
https://www.gov.uk/courts-tribunals/employment-tribunal
Contact us today to arrange your FREE initial consultation.
Michael died on the 1st February. His funeral was on the 10th February. His widow, Mary, contacted us on the 10th. Michael had made a simple Will leaving everything to Mary.
Assets of the Estate
| Type of Asset | Estate Value |
| Their house, which was in joint names and passed straight to Mary | £400,000.00 ÷ 2 = £200,000.00 |
| Bank account, which was also in joint names and passed to Mary | £30,000.00 ÷ 2 = £15,000.00 |
| Shares in 4 Companies, which were in Michael’s sole name | £50,000.00 |
| Personal effects (passed as legacies) | £1,000.00 |
| Gross estate | £266,000.00 |
| Funeral | – £5,000.00 |
| Net estate | £261,000.00 |
What We Did
- We saw Mary, provided her with some initial advice, checked her identity documentation, explained the probate process and gave an estimate of our costs;
- We arranged for a local estate agent to value the property;
- We obtained a valuation of the monies held in the bank account and also a valuation of the shares;
- We completed an inheritance tax form (this is required even though no inheritance tax is payable) and a legal statement for Mary to approve and sign;
- We sent the legal statement and inheritance tax form to the Probate Registry along with the original Will;
- When the Grant of Probate was received, we arranged for the shares to be transferred to Mary via the Company Registrars;
- We registered the property in Mary’s sole name;
- We prepared an estate account which showed details of the estate and what we had done to assist Mary in the estate administration.
What it Cost
| Dunn & Baker’s fees | £2,000 |
| VAT on Dunn & Baker’s fees | £400 |
| Probate court fees | £273 + £7.50 (£1.50 per official copy x5) |
| Total | £2,680.50 |
The matter was completed around three months after Michael’s Death.
Arthur died on the 1st March. He was divorced, had no children and had lost contact with family members. A family friend contacted us and following considerable investigations, we located five cousins. One of whom, Tim, agreed to administer the estate.
Assets of the Estate
| Type of Asset | Estate Value |
| Property | £600,000 |
| 3 bank accounts and national savings and investments and some premium bonds | £200,000 |
| Car | £5,000 |
| Shareholdings | £20,000 |
| Gross estate | £825,000 |
| Funeral | (£5,000) |
| Mortgage on his house | (£100,000) |
| Net estate | £720,000 |
What We Did
- We met the neighbour, made further investigations into the family background and they eventually traced Tim;
- We met Tim, checked his identity documentation, explained the probate process and gave an estimate of our costs which he approved;
- We arranged for an estate agent to provide a valuation of the property and subsequently arranged for a plumber to drain the central heating system down;
- We applied to the banks for valuations of the shares and obtained an up to date figure for the money outstanding on the mortgage;
- We applied for valuations of the contents and the car;
- We completed an inheritance tax form, calculated the amount of inheritance tax due.
- We completed a legal statement and saw Tim to run through this documentation;
- We arranged for the initial inheritance tax and the funeral expenses to be paid by the bank;
- We sent the inheritance tax form to HMRC together with a cheque for the initial inheritance tax due;
- We subsequently lodged the probate documentation with the Probate Registry;
- When the grant of letters of administration (equivalent to probate where there is no Will) came back we arranged for the various shares to be sold and the bank accounts to be encashed;
- We instructed a local estate agent to market the property;
- We paid any debts and ongoing expenses in connection with the property until it was sold;
- We arranged to make interim payments to the beneficiaries as monies came in;
- We assisted Tim in negotiating a price for the sale of the property and dealt with the legal sale formalities;
- We answered queries from HMRC as to some valuations originally obtained and agreed with them that there was no further inheritance tax payable.
- We liaised with Arthur’s accountants to go through his tax affairs;
- We completed an estate account which showed all transactions which took place during the estate of administration;
- This was approved by Tim and his co-beneficiaries and we subsequently made final distributions.
What it Cost
| Probate Costs | |
| Dunn & Baker’s fees on probate | £7,000 |
| VAT on Dunn & Baker’s fees on probate | £1,400 |
| Probate Court fees | £273 + £7.50 (£1.50 per copy x5) |
| Statutory advertisement | £250 |
| House clearance | £350 |
| Probate valuation of the house | £200 |
| Total | £9,480.50 |
| Other Costs | |
| Inheritance Tax | £158,000 |
| Dunn & Baker’s fees on sale of house | £1150 |
| VAT on Dunn & Baker’s fees on sale of house | £230 |
| Dunn & Baker’s fees on liaising with mortgage provider | £100 |
| VAT on Dunn & Baker’s fees on liaising with mortgage provider | £20 |
| Estate Agent’s fees on sale of house (inc VAT) | £6,000 (1% of property) |
| Total | £165,500 |
The estate was largely wound up in about 9 months; however, the property proved difficult to sell and we were only able to finally wind the estate up 15 months after Arthur’s death.
William was a widower who died in June 2015 leaving an estate worth £2 million. There was a property, numerous investments with a stockbroker and antiques. His Will left legacies to 10 individuals and the residue was divided between 20 charities.
What We Did
- We administered the estate similar to Michael and Arthur’s cases as above;
- We kept the charities informed throughout and in particular liaised with them as to how they wished the individual investments to be dealt with bearing in mind their charitable status;
- Confirming with HMRC that there was no inheritance tax payable. Registering the estate with HMRC for income tax and paying tax for the administration period.
The estate was finally wound up in early 2021.
What it Cost
The legal fees were around £17,500.00 including VAT. There was no inheritance tax payable as the bulk of the estate went to charity.
Probate court fees, estate agent’s fees and other expenses amounted to a similar amount as seen in Arthur Smith’s example.
SUMMARY
The examples above are designed to give you a rough idea of our likely charges and other costs that may be applicable. No estate is the same and for this reason it is very difficult to accurately predict costs. However, we hope the above examples assist you in your understanding of the probate procedure.
Please feel free to call us with your individual circumstances when we will be pleased to provide you with a costs and time estimate based on your situation.