Employment for Employees - Funding your case | Howells Solicitors

Employment for Employees – Funding your case

We offer a professional yet personal service at competitive prices, so you can be sure to receive a great value service with peace of mind over costs. We will always provide you with clear information about the costs involved in us handling your case.

There are a range of payment options depending on your case and Howells provides services with a range of fixed fees or competitive and affordable hourly rates.

If your case is suitable and after an assessment of the case we believe it has good merits, we can also offer a damages based agreement (also known as ‘no win, no fee’).

To discuss your case and the payment options available to you, contact us today.

Funding options

Legal Expenses Insurance

If you have Legal Expenses Insurance – you are entitled to choose your own solicitor at the point at which a dispute has arisen and an Employment Tribunal claim is required. For an initial fixed fee, we can review your case, advise on merits and seek consent from your insurers to act for you under your insurance cover. If that is approved, we will be able to assist you with your case without further cost to you subject to your case retaining reasonable prospects of success; or

Discrimination Claim

If you have a Discrimination Claim and you have a low income, you may be entitled to free legal aid; or

Employment Tribunal claims for Unfair/Wrongful Dismissal

If Early Conciliation has not resolved disputes surrounding the dismissal of an employee, the next stage is to commence an Employment Tribunal claim.

Our pricing brackets for bringing and defending claims for unfair or wrongful dismissal are as follows;

Factors that could make a case more complex:
• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
• Defending claims that are brought by litigants in person
• Making or defending a costs application
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• Complex valuation calculations such as those involving final salary pension schemes
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
• Allegations of discrimination which are linked to the dismissal
• The existence of other claims such as non-payment of wages or holiday pay or the failure to consult about a redundancy or business transfer

There will be an additional charge for attending a Tribunal Hearing of £750 per day (excluding VAT). Generally, we would allow 1-5 days depending on the complexity of your case. Many simple cases would be resolved in a 1 day hearing.

Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees estimated between £750 to £1,500 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

If an Unfair Dismissal/Wrongful Dismissal relates to capability, sickness or health, then medical evidence may be required. It is possible under GDPR for individuals to request their own medical records free of charge from their GP. If a medical report is required, this would range from £50 – £200 +VAT. Very occasionally, an expert report is required, though this is less likely in an Unfair Dismissal claim, this can range from £1,500 – £3,000 +VAT

If the Preliminary Hearing and/or Final Hearing takes place other than in Sheffield, disbursements would be incurred in the form of travel expenses and accommodation depending on the length of the hearing and its location. Howells commit to obtaining the cheapest possible rail fares to any hearing.

Key stages
The fees set out above cover all of the work in relation to the following key stages of a claim:
• 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 claim or response
• Reviewing and advising on claim or response from other party
• Exploring settlement and negotiating settlement throughout the process
• preparing or considering a schedule of loss
• Preparing for (and attending) a Preliminary Hearing
• 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
• 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. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

Howells Solicitors are able to offer a range of fixed fees, either for the conduct of the whole case, though more commonly, we can break these down into fixed fees for each section of the procedure that we have identified above.

Howells Solicitors ask for payment on account of our fixed fees or an agreed sum in respect of hourly paid work, at the commencement of each stage of the case.

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 1-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26-52 weeks. 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.

Payment

Howells Solicitors ask for payment on account of our fixed fees or an agreed sum in respect of hourly paid work, at the commencement of each stage of the case.

Initial review

Alternatively, Howells Solicitors can offer an initial fixed fee review of your case costing £350+VAT to assess the merits and prospects of success of your case.

Damages Based Agreement

If we consider that your case has good prospects of success we can offer a Damages Based Agreement for conduct of the Employment Tribunal case. If the claim succeeds, our fee will be a percentage of any compensation received up to 35%. We would take our fee out of any compensation awarded to you at the end of the case. This is subject to your compliance with the terms of the agreement, principally in providing Howells with all relevant information to the case and listening to and following our advice. If you act unreasonably in this regard, then we may stop acting under the Damages Based Agreement and you would be liable for our fees incurred to that point on an hourly rate basis. If we end the Damages Based Agreement early, you would be responsible for our fees and we would bill the file monthly.

Our fees will be reviewed during the life of your case, if there are unexpected developments or complexities in your case, we reserve the right to vary our fees, subject to giving you advance notice of this.

These fees quoted do not include additional work required for other claims pursued alongside Unfair Dismissal/Wrongful Dismissal for example wages or discrimination claims. Please contact us for a bespoke quote.