Disbursements are costs related to your matter that are payable to third parties.
The most common disbursement in a case for wrongful and/or unfair dismissal in an Employment Tribunal are the fees for a barrister, or counsel, to represent you at the hearing. Their input may also be important at an earlier stage to finalise witness statements and the bundles of relevant documents required for the hearing. Counsel’s fees to represent you at a Tribunal Hearing, including preparation, are estimated at between £1,000 to £3,500 per day (plus VAT at 20%), depending on the experience of the advocate, the complexity of the case, and the length of the hearing.
At present, no court fees are payable to the Employment Tribunal to bring or defend a case or to proceed to a hearing. Court fees do not attract VAT.
It is unusual to require expert witnesses to provide expert evidence to the Employment Tribunal in cases for unfair or wrongful dismissal. The costs of expert witnesses will depend on the type of expert witness required. We will explain to you if an expert witness is required or important in your case, and the cost of any expert witness.
There may also be disbursements in the form of courier costs, photocopying costs should there be requirement to outsource copying due to the extent and/or urgency of this copying, and travel costs including for travel for us to take witness evidence and attend meetings and Employment Tribunal hearings. In total these costs should not exceed £500 (plus VAT at 20%). In some cases there may also be accommodation costs in the event overnight stays are needed for attendance at Employment Tribunal hearings and/or to take witness statements and/or to attend meetings, although this would be unusual and alternatives will be considered with you first.
Most disbursements will attract VAT at 20%.
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 for, and attendance with counsel, at Final Hearing, including instructions to Counsel.
The stages set out above are an indication; 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 in accordance with your individual needs.
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 3 to 12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 months to 12 months to resolve, depending on the length of the hearing required and the location of the Tribunal. 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.