Fees & Costs: Employer Advice

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Employment Law Advice For Employers: Our Prices

At Lincs Law Employment Solicitors, we understand clients are concerned about the costs of obtaining legal advice. That is why we are completely transparent about our prices and fee options. At all times, you are in control and before you make any commitment, we will agree with you the work to be done and our charges.

• The First Step
• Fixed Fee Consultation
• Fixed Fees
• Pay As You Go Fees
• Legal Expenses Insurance Funding
• Employment Tribunal – Funding Your Defence

The First Step

The first step is simply to contact us for a free enquiry. We are very happy to help in response to a telephone, email or web enquiry. We will take some basic information from you including your name, the name of the business, your position in the business, your contact details and brief information about your issue. We will be able to tell you, during your free enquiry, whether you should take the next step, which is a Fixed Fee Consultation. However, you are under no obligation to instruct us.

If you need help with an employment law problem, please call us on 01522 440512, use our webchat, send on email to contactus@lincslaw.com or use the contact form on this website.

Fixed Fee Consultation

A Fixed Fee Consultation is your choice of a telephone, video or face to face appointment of up to 90 minutes where an assessment of your situation is undertaken by your chosen employment law specialist.  As the name suggests, the consultation is a fixed price and in summary we will:-

1. Go through the full background of your situation and review up to 10 items of relevant documentation (By way of example, a document could be a contract of employment, a letter, an email, a report (without appendices), a statement, an Employment Tribunal Claim Form etc);
2. Discuss and identify your objectives – what do you want to achieve?
3. Discuss and identify any potential Employment Tribunal claims;
4. Undertake a risk assessment in respect of those Employment Tribunal claims;
5. Provide an estimate of the value of those Employment Tribunal claims;
6. Discuss any relevant time limits you need to be aware of;
7. Identify and advise on the next steps you should take to put you in the best possible position;
8. Discuss the funding options available to you we are able to offer assistance going forward (this is where we would discuss the possibility of using any legal expenses insurance or one of the funding options below); and,
9. After the Fixed Fee Consultation we will confirm our advice in full and in writing so you have a comprehensive record of our discussions.

You are under no obligation to instruct us to undertake any further work following the Fixed Fee Consultation. If the information provided in your assessment was all the help you needed, that is no problem. If further assistance is required, funding options will be discussed with you (see this page for some of the options available).

The cost of your Fixed Fee Consultation depends upon which of our solicitors you would like to instruct. 

More information about our Specialist Employment Solicitors is available from our website at lincslaw.co.uk/about/our-team If you would like to arrange a Fixed Fee Consultation, please call us on 01522 440512, use our online chat or fill out the contact form on this website.

Fixed Fees

At your Fixed Fee Consultation, your Employment Solicitor will have discussed with you the next steps you need to take. The type of funding option available to you will depend upon what work is necessary; what stage you are at in any process; and, what you want to achieve. Depending on your circumstances, you might be offered a Fixed Fee for a specific piece of work. For example, you might instruct your Employment Solicitor to draft your Employment Tribunal Response Form. Your Employment Solicitor will agree a fixed price with you before you make any commitment.

Also, as the name suggests, the price is fixed and so you will only pay that amount for the piece of work. Many clients like the certainty of a Fixed Fee to help them budget for legal advice and assistance.

If you need help with an employment law problem, please call us on 01522 440512, use our webchat, send on email to contactus@lincslaw.com or use the contact form on this website.

Pay As You Go Fees

At your Fixed Fee Consultation, your Employment Solicitor will have discussed with you the next steps you need to take. The type of funding option available to you will depend on what work is necessary; what stage you are at in any process; and, what you want to achieve. Depending on your circumstances, you might be offered hourly rate, pay as you go, funding. This might be for full representation all the way up to an Employment Tribunal hearing or might be for specific assistance, for example, advising and assisting through a redundancy process.

Whatever you have instructed your Employment Solicitor to do, they will provide an estimate of their fees before you make any commitment. If you decide to instruct your Employment Solicitor using this arrangement, you will only pay for the work actually done on your matter. Often, your Employment Solicitor will be able to offer a capped fee arrangement which means you know the absolute maximum you will pay. Capped fees offer greater security as you might well pay less than the cap, but you will never pay more.

The hourly rate depends on the Employment Solicitor you instruct to help you. Again, we are completely transparent about fees and set out our charges below:

More information about our Specialist Employment Solicitors is available from our website at lincslaw.co.uk/about/our-team If you would like assistance with your employment law matter, please call us on 01522 440512, use our online chat or fill out the contact form on this website.

Legal Expenses Insurance Funding

At your Fixed Fee Consultation, your Employment Solicitor will have discussed with you the next steps you need to take. If you are at the stage of defending an Employment Tribunal Claim, you may be able to utilise any Legal Expenses Insurance your business may have.

For those clients who do have Legal Expenses Insurance, this insurance can fully fund or contribute to the costs of representation (depending on the terms of your policy). We assist our clients to obtain funding from their insurer in order to pursue their Employment Tribunal claim.

If you would like assistance with your employment law matter, please call us on 01522 440512, use our webchat, send on email to contactus@lincslaw.com or use the contact form on this website.

Employment Tribunal – Funding Your Defence

The cost of funding your Employment Tribunal defence will depend upon the complexity of the claim against you. Your Employment Solicitor will discuss fees and estimates with you at your Fixed Fee Consultation.

Recovery of Legal Fees & Costs At The Employment Tribunal

It is important to note that at the Employment Tribunal you will usually be responsible for your own costs and it is only in very rare circumstances that your opponent will be ordered to pay your legal fees. Therefore, you should expect to be responsible for your own legal fees and ensure you make informed choices when considering how to progress your matter.

Key Stages Of An Employment Tribunal Defence

Most Employment Tribunals follow a structured process to completion and/or a Final Hearing. Below is a summary of the work which is likely to be required in an Employment Tribunal defence:-

• Review and consideration of the Employment Tribunal claim submitted against you;
• Drafting and submission of your Employment Tribunal Response (Form ET3);
• Counter Schedule of Loss;
• Review, consideration and disclosure to the Claimant of all relevant documentation;
• Review and consideration of any disclosure from the Claimant;
• Compilation of a bundle of documents for the Final Hearing;
• Drafting and submission of witness statements;
• Review and consideration of any witness statements received from the Claimant;
• Preparation for the Final Hearing of your matter (including preparation of List of Issues, Chronology and/or Cast List if required);
• Representation at any Preliminary Hearing (if required);
• Representation at the Final Hearing;
• Representation at any Remedy Hearing (if required);
• Ongoing advice and assistance generally; and,
• Ongoing advice and assistance regarding settlement (if required)

The timescales for your matter will depend on the complexity of the claim, Employment Tribunal Case Management Orders and the Employment Tribunal region to which the claim is allocated.  It is difficult to predict, but we would expect most defences to take 6 to 24 months from issue of Employment Tribunal Defence Form to Final Hearing.

Typical Fees & Costs For An Employment Tribunal Claim Defence

We set out below possible fees for simple, moderately complex and complex claim defences. Our fees are set out with the full and net amount with VAT @ 20%.

Please note, the guides below assume the Employment Tribunal matter progresses all the way to a Final Hearing. However, a significant majority of cases settle long before a Final Hearing is necessary and, in such circumstances, we are unlikely to reach the level of costs suggested below.

Guide For Fees & Costs For A Simple Claim Defence

We would describe a simple defence as one where the issues are straightforward and the Final Hearing will take a day or less.  Many claims for pay (unpaid salary, holiday pay, notice pay (wrongful dismissal)) and unfair dismissal where there are few witnesses needed, would fall into this category. 

As a guide, the costs likely to be incurred for a matter with a one-day Final Hearing are:

• Fixed Fee Consultation: £400 to £600 plus VAT @ 20% (£480 to £720) depending on the level of solicitor instructed.
• Employment Tribunal Representation (assuming matter reaches stage of Final Hearing of one day or less). Please see above for more information about the various funding options:
  • Funding Option: Pay As You Go: £3,500 to £5,000 plus VAT @ 20% (£4,200 to £6,000) depending on the level of solicitor instructed.
  • Funding Option: Legal Expenses Insurance: Your insurance company will usually pay our fees although there may be an excess to pay on your policy (usually £250 to £500 but please see your insurance policy documents).  Also, depending upon the rates offered by your insurer and your choice of solicitor a “top up” payment may be necessary.
• Disbursements: These would be unlikely for a simple defence but please see below.

Guide For Fees & Costs For A Moderately Complex Claim Defence

Moderately complex claims would be wrongful or unfair dismissal where there is an added element, for example redundancy selection, extensive disciplinary processes, additional witnesses etc.  This could also include pay claims where significant witness evidence is needed or there are complex technical aspects to pay calculations.  The Final Hearing will take two days or less.

As a guide, the costs likely to be incurred for a matter with a two-day Final Hearing are:

• Fixed Fee Consultation: £400 to £600 plus VAT @ 20% (£480 to £720) depending on the level of solicitor instructed.
• Employment Tribunal Representation (assuming matter reaches stage of Final Hearing of two days). Please see above for more information about the various funding options:
  • Funding Option: Pay As You Go: £6,125 to £8,750 plus VAT @ 20% (£7,350 to £10,500) depending on the level of solicitor instructed.
  • Funding Option: Legal Expenses Insurance: Your insurance company will usually pay our fees although there may be an excess to pay on your policy (usually £250 to £500 but please see your insurance policy documents). Also, depending upon the rates offered by your insurer and your choice of solicitor a “top up” payment may be necessary.
• Disbursements: Dependent on the type of defence expert reports may be needed. Please see below.

Guide For Fees & Costs For A Complex Claim Defence

Complex defences would include elements of discrimination, whistleblowing etc.  Such claims may well include unfair or wrongful dismissal, however, there are likely to be other factors to be considered.  We would expect such matters to require at least one Preliminary Hearing and the Final Hearing is likely to be for three days or more (depending on the issues and the amount of documentary and witness evidence).

As a guide, costs likely to be incurred for a matter with a three-day Final Hearing are:

• Fixed Fee Consultation: £500 to £600 plus VAT @ 20% (£600 to £720) assuming Associate or Director level solicitor instructed.
• Employment Tribunal Representation (assuming matter reaches stage of Final Hearing of three days). Please see above for more information about the various funding options:
  • Funding Option: Pay As You Go: £13,125 to £18,750 plus VAT @ 20% (£15,750 to £22,500) depending on the level of solicitor instructed.
  • Funding Option: Legal Expenses Insurance: Your insurance company will usually pay our fees although there may be an excess to pay on your policy (usually £250 to £500 but please see your insurance policy documents). Also, depending upon the rates offered by your insurer and your choice of solicitor a “top up” payment may be necessary.
• Disbursements: A barrister would need to be instructed for a complex matter. Fees are likely to be £3,000 to £7,500 plus VAT @ 20% (£3,600 to £9,000) for a three-day Final Hearing.  Depending on the particular type of claim, expert reports may also be needed, please see below.

Disbursements

As will be noted above, to defend some claims (usually more complex matters), you may incur disbursements.  These are fees and costs related to your matter where it has been necessary to engage or seek information from a professional third party.  For example, you might need to instruct a barrister, a medical report might be needed, a financial expert report might be necessary.  Obviously, the type of disbursements you incur will relate to your particular matter and your solicitor will advise and provide specific quotes before you make any commitment.  However, to give an indication of some common disbursements:

• Barrister’s fees (per day): £1,200 to £3,000 (being £1,000 to £2,500 plus VAT @ 20%)
• Medical reports: £1,500 to £6,000 (being £1,250 to £5,000 plus VAT @ 20%)
• Financial expert reports: £2,400 to £6,000 (being £2,000 to £5,000 plus VAT @ 20%)

Other Matters To Consider

As much as we hope the guides above assist, so much is dependent on the claim, your particular circumstances and the defence.  Your solicitor will give you an estimate of fees and costs for your specific matter.  Please be aware, there are factors which could make your defence more complicated, for example:

• If there are additional matters in the unfair or wrongful dismissal claims (outstanding pay etc) or the dismissal gives rise to claims of whistleblowing, discrimination etc.
• If applications are made by the Claimant in the course of the proceedings, for example, for additional disclosure, further & better particulars, etc.
• If there are preliminary issues, for example jurisdiction matters about length of service or you might want to make an application for strike out.
• If there is a significant amount of documentary evidence and/or numbers of witnesses involved.

Supervision

All our solicitors are supervised by Sally Hubbard, Managing Director.  Sally Hubbard is supervised by Sophie Goodwill, Director.  Further information about the solicitors at Lincs Law Employment Solicitors can be found on our website at https://lincslaw.co.uk/about/our-team/