Transparency Information

Orrick, Herrington & Sutcliffe (UK) LLP is authorised and regulated by the Solicitors Regulation Authority ("SRA"), and we are required to publish on our website cost information in relation to certain specified services under the SRA Transparency Rules 2018. 

Employment Tribunal Pricing and Services Information

The following pricing and services information is limited to the provision of advice and representation to employers, in relation to defending claims before the employment tribunal, brought by an employee for unfair dismissal or wrongful dismissal.

Cost Information

The normal range of costs of the service:

Simple case: £25,000 - £35,000 (excluding VAT)

Medium complexity case: £35,000 - £65,000 (excluding VAT)

High complexity case: £65,000 - £250,000 (excluding VAT)

Factors that could make a case more complex include:

• Complex preliminary issues such as whether claims are out of time or brought against the right person.
• Other claims that are linked to the dismissal, including discrimination or whistleblowing.
• Defending claims that are brought by litigants in person.
• The number of witnesses and documents and the nature of the documents requested.
• The appointment of a barrister to appear in the case in the tribunal.
• The number of days of the hearing.

Please be advised, that the employment tribunal is a no costs jurisdiction which means that even if you are successful in all your claims or defending all the claims, there are no costs awards made (except in unusual circumstances). Therefore, each party must bear their own costs regardless of the outcome.

The Basis for our Charges

Our fees are calculated mainly by reference to hourly rates but take into account the time demands of the engagement, its complexity, the skills and knowledge required, its importance to you and the seniority and experience of our personnel involved.

Hourly rates for our employment lawyers in providing these specific services before the employment tribunal, range from £480 for our most junior associates to £680 for our most senior partners respectively, and hourly rates for our trainees are £295. These rates are exclusive of any applicable VAT. If value added tax is chargeable in relation to our services, it will be payable in addition to our agreed fees.

Experience and Qualifications

Please visit the People section on our website to review the experience and qualifications of all the lawyers who carry out work within this area.

Disbursements

Counsel's fees are estimated between £5,000 to £35,000 for preparation and the first day of the hearing, and a daily rate for any additional day is estimated between £500 to £3000 per day (excluding VAT) (depending on experience of the advocate) for representing you at a tribunal hearing.

Photocopying costs for the bundle of documents are estimated to cost between £100 - £2000 (excluding VAT). Please be advised that the cost for preparing the bundle is usually covered by the respondent or shared between the respondent and the claimant.

Key Stages and Timescales

The fees set out above cover the work in relation to the following key stages of a defence of a claim:

• Taking your initial instructions, reviewing the papers and advising you on the merits and the likely outcome (this is likely to be revisited throughout the matter and subject to change).
• Entering into pre-claim conciliation which is mandatory to explore whether a settlement can be reached.
• Preparing the defence.
• Preparing for (and attending) a preliminary hearing / case management conference to consider the issues in the claim and to set the timetable to the hearing.
• Agreeing a list of issues, a chronology and/or cast list.
• Exchange of documents and review of documents coupled with document requests for specific disclosure.
• Preparation of a joint bundle of documents.
• Taking witness statements, drafting statements and agreeing their content with witnesses and exchanging witness statements.
• Reviewing and advising on witness statements.
• Reviewing a schedule of loss.
• Preparation for and attendance at full hearing, including instructing counsel.

The time that it takes to bring such a matter to conclusion varies widely depending on the issues, the complexity and the tribunal where the matter is being heard, but the average is currently around 7 - 12 months. This is just an estimate, and we would of course be able to give you a more accurate timescale once we have more information and as the matter progressed.