These claims may involve discrimination, harassment, whistleblowing and other regulatory or multi-jurisdictional aspects.
The SRA Transparency Rules are available on the SRA’s website.
Biographies of our lawyers who undertake such work are available via the Our People page which also introduces our partners who will supervise the work. Our lawyers may be assisted from time to time by trainees and/or paralegals.
For information about costs for any other services provided by A&O Shearman, please contact a partner in the relevant practice area.
Range of costs
We charge based on an hourly rate which varies depending on the seniority of the lawyer dealing with your case. The seniority of the lawyers dealing with your case will depend on its complexity. Typically, the hourly rate (for time incurred by fee earners based in London) ranges from GBP670 to GBP1,800 per hour, excluding VAT and disbursements. Our rates may be adjusted from time to time. We will discuss the appropriate staffing and relevant rates for your case with you when you instruct us.
We are also open to considering alternative fee arrangements which do not follow the traditional hourly rate model (such as fixed fees). However, these may not be appropriate in all circumstances. Please contact us if you would like to discuss this further.
We have set out below our pricing based on complexity of the case, as required by the SRA's Transparency Rules for defending claims for unfair and/ or wrongful dismissal.
- Simple case: GBP50,000-GBP100,000 (excluding VAT and disbursements);
- Medium complexity case: GBP100,000-GBP200,000 (excluding VAT and disbursements);
- High complexity case: GBP200,000-GBP1m or higher (excluding VAT and disbursements).
Factors that could make a case more complex include:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;
- The claimant was employed in a regulated sector (for example, financial services);
- Defending claims that are brought by litigants in person;
- Making or defending a costs application;
- The involvement of jurisdictions or parties outside of the UK;
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties);
- The number of witnesses;
- The scope of disclosure and number of documents involved;
- If the proceedings run concurrently with settlement and/or alternative dispute resolution processes;
- The length of any hearing(s);
- The involvement of expert evidence (e.g. medical evidence);
- If it is an automatic unfair dismissal claim e.g. if the claimant was dismissed after whistleblowing; and
- Allegations of discrimination, harassment, whistleblowing or regulatory breaches which are linked to the dismissal.
There will be an additional charge for attending an Employment Tribunal hearing, which would usually range between GBP3,000 to GBP5,000 per day (excluding VAT) depending on the level of seniority of the lawyer attending. A case can take anything between 2-10 days depending on its complexity.
If the case is terminated before conclusion, we will charge for the work done until that time based on the previously agreed hourly rates or fixed fees.
Disbursements
Disbursements are costs related to the case that are payable to third parties, such as court fees, barristers (commonly referred to as counsel) fees or those of a medical expert (if, for example, questions of disability needed to be addressed). Generally, we handle the payment of the disbursements to ensure a smoother process.
If the case proceeds to the Employment Tribunal or court, or if more specialist advice is needed, it may be necessary to instruct counsel. Counsel's fees can cost between GBP5,000 to GBP15,000 per day, excluding VAT (depending on experience and seniority of the advocate) for attending an Employment Tribunal hearing. Preparation may may be charged separately or included in the daily rate. Additional counsel’s fees may also arise for preliminary advice as the case develops.
The amount of any court fee depends on the nature of the claim and the court in which the claim is being issued. There is no court fee currently required in the Employment Tribunal, but in the County and High Court there will be a fee which is typically 5% of the value of your claim.
Medical expert fees would usually range between GBP5,000 to GBP15,000, excluding VAT. The cost will vary depending on the nature of your claim, the advice required and the amount of work that the expert will be asked to undertake. Any potential medical expert fees will be discussed and agreed with you in advance.
Please be aware that, in some circumstances, the losing party may be ordered by the Employment Tribunal or the courts to pay their opponent’s costs regarding the claim. This will depend on the nature and value of the claim. We will advise you about the risks at the outset of your case and discuss what steps can be taken.
VAT
All legal fees and disbursements incurred by UK fee earners working on UK matters would be subject to applicable standard VAT at the prevailing rate which, is currently 20%.
Key stages
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking initial instructions, reviewing the papers and advising on merits and likely compensation (this is likely to be revisited throughout the case and is subject to change);
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
- Preparing a response to the claim(s);
- Reviewing and advising on the claim or response from the other party;
- Exploring settlement and negotiating settlement throughout the process;
- Considering or preparing the schedule of loss;
- Preparing for (and attending) preliminary hearing(s);
- Carrying out disclosure, exchanging documents with the other party and agreeing a bundle of documents;
- Taking witness statements, drafting statements and agreeing their content with witnesses;
- Preparing bundle of documents;
- Reviewing and advising on the other party's witness statements;
- Agreeing a list of issues, a chronology and/or cast list; and
- Preparation and attendance at final hearing, including instructions to counsel
The stages set out above are an indication and if some of stages above are not required, the fee will be reduced.
Additionally, some of these stages may incur disbursements such as those listed above – for example, instructing counsel.
How long will my case take?
The time that it takes from taking initial instructions to the final resolution of your claim depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 4-12 weeks. If the claim proceeds to a final hearing, the case is likely to take anything up to one year. This is just an estimate and we will be able to give more accurate timescales once we have more information and as the case progresses.
Complaints
Our UK Complaints Policy can be found here.
