Settlement Agreements

If you are made redundant or otherwise agree to leave your job your Employer may offer you a Settlement Agreement to sign in exchange for payment of an enhanced redundancy/exit package.  Such agreements are governed by the Employment Rights Act 1996, and are only binding if the Employee has taken independent legal advice before entering into the same.

We regularly advise and assist Employee clients and prepare Settlement Agreements for Employer clients.

For advising Employee clients on a Settlement Agreement our fees start at £250.00 plus VAT and are based on the amount of time needed to properly advise.

For preparing a Settlement Agreement for an Employer client our fees start at £500.00 plus VAT and are based on the amount of time needed to properly advise.


Employment Tribunals

We act for employers and employees in relation to a range of employment law matters.

Fees:

It is difficult to estimate the cost of an employment tribunal claim.  Employment cases are charged on a time spent basis at the usual hourly rates of the fee earner, which range from £110.00 - £300.00 +VAT.  Upon hearing the details of and assessing the complexity of a potential claim we will provide a more accurate estimate of costs to conclude a claim.  In our experience we estimate the cost ranges as follows:

Simple case - £3k to £10k +VAT

Medium complexity case - £10k to £20k +VAT

High complexity case - £20k to £30k +VAT

Our costs estimate may change as the case develops and we will provide regular updated estimates throughout the case.  


Factors which may increase your cost

Factors which could decrease the cost of your case:

  • Making or defending applications to amend claims or defences or provide further information about the claim or defence
  • Defending claims brought by litigants in person
  • Defending or making a costs application
  • Number of witnesses or documents in the case
  • Automatic dismissal cases such as whistleblowing
  • Allegations of discrimination
  • Conduct of parties in the proceedings
  • Non-compliance with orders and financial sanctions
  • Hearings being part heard or postponed
  • Unforeseeable events in claims
  • Changes or reform in the law

Factors which could decrease the cost of your case:

  • Settlement
  • Alternative dispute resolution


Damages Based Agreement (DBA)

A DBA is where we are paid a percentage of the damages you recover as payment of our fees for acting, instead of billing you on a time spent basis.  You will still be required to pay any disbursements which arise.

In certain circumstances, we may offer to take a case on a DBA, based on our assessment of your case, your needs and your financial circumstances, which will be determined at the initial meeting/prior to our instruction. 


Disbursements

Counsels fees – are dependent on the complexity of the case, the experience of the barrister and at which Chamber your barrister is based.  There is usually an initial charge (called a brief fee to cover preparation and first day in tribunal/court), and fees for each additional day thereafter (called ‘refreshers’).  Their fee may also include counsel expenses such as travel if applicable.  We will usually provide you with a selection to choose from.


How long will your transaction take to complete?

It is difficult to predict how long an employment matter will take and each matter is dependent on various factors and the stage at which your case is resolved.  If your claim settles If a settlement is reached during pre-claim conciliation, your case is likely to take 3-4 months.  If your claim proceeds to a final hearing, your case is likely to take 12-18 months to complete.  

Where we need to liaise with third parties and in order to achieve the task, we are somewhat reliant on their turnaround times in addition to our own work and the Court’s timetable.  We will keep you up to date and inform you if we anticipate any delays. 


Steps involved

  • 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


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