Employment Law Solicitors,
acting for Executives, Employers and Partnerships & LLPs
We explain the legal implications of employment and partnership issues clearly and concisely. Drawing on many years of experience, and our commercial and strategic expertise, we help our clients to resolve sensitive disputes creatively, and deliver results in line with their commercial or personal objectives.
Our employment lawyers specialise in complex employment and partnership matters with high stakes. We provide support and services to employers, executives and Partnerships & LLPs
Employment law specialists
Our employment solicitors act for a broad range of employers including entrepreneurial start-ups, well established public companies and professional services firms. We also focus our practice on representing senior executives and board directors, partners, entrepreneurs, and high profile public figures.
Whilst we are employment specialists, we regularly build cross departmental teams to deliver a seamless client service, for example in matters that require the involvement of Kingsley Napley’s immigration, corporate & commercial, criminal and regulatory teams.
The work we do
Below are our key services, however, if you do not find what you are looking for, pick up the phone and give us a call, or email us. We will almost certainly have come across a similar issue to the one you face – and will have learnt from the experience.
DISCRIMINATION
- Disciplinary and grievance procedures, absence and performance management
- Discrimination claims
- Employment disputes and litigation
EXITS AND RESTRUCTURES
- Disciplinary and grievance procedures, absence and performance management
- Employment disputes and litigation
- Restrictive covenants and team moves
- Terminations and settlement agreements
- Transactions, redundancies, restructurings and outsourcing
INVESTIGATIONS
- Disciplinary and grievance procedures, absence and performance management
- Workplace investigations and whistleblowing
- Sexual misconduct in the workplace
PARTNERSHIPS, LLPS AND REGULATED INDUSTRIES
- Partnerships and LLPs
- Senior managers and certification regime (SMCR)
POLICIES AND PROCEDURES
- Disciplinary and grievance procedures, absence and performance management
- Employment contracts, policies and procedures
- Flexible working and family friendly rights at work
- Global mobility and employment law
- GDPR and data protection
- Senior managers and certification regime (SMCR)
Further information
If you have any questions or require employment advice, please email our employment law team.
OUR FEES
Most of our services are offered on an hourly rate basis and as many of our clients’ matters are complex and often involve multiple parties, there is rarely a typical case. Our clients are given an estimate of costs after our initial meeting or as part of the engagement process. There are some areas where we are able to be more indicative and, as in accordance with the Solicitors Regulation Authority (SRA) guidance on price transparency, we have published our price and service information where it is possible to be upfront about charges without knowing all the details of the matter.
Fees for employment tribunal claims
The services we provide include both pursuing and defending employment tribunal claims and appeals. Most of the claims in which we act are complex claims involving not only claims of unfair and wrongful dismissal but also whistleblowing, discrimination, equal pay or other claims. Whilst we do straightforward claims from time to time it is always necessary to weigh up whether the potential outcome of the matter can justify the costs involved.
KEY STAGES
The key stages of a claim which are covered within our normal fees are as follows:
- 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 Early 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 trial including any separate hearing to determine compensation, including instructions to Counsel
The key stages set out above are an indication. If some of stages are not required, the fee will be lower. 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.
If there are additional stages the costs will be higher. Additional stages include:
- Making or responding to additional applications, for example applications for specific disclosure, to strike out a claim, to seek additional time to take a step in the process, to seek an unless order to compel the other side to complete a step in the process.
- Joining additional parties or dealing with additional parties.
- Amending pleadings.
- Dealing with appeals
WORK WE DO NOT UNDERTAKE
- We advise on employment but not on tax or pensions. If you need specific advice on these matters we can arrange for you to receive this from other specialists in these fields.
- When advocacy is required we generally instruct counsel save for some preliminary hearings which we conduct ourselves.
THE BASIS OF OUR CHARGES
We generally base our fees on hourly rates although on some work we are able to offer fixed fees. The current members of our team and their hourly rates are as follows:
- Partner – £500-£525
- Senior associate – £360-£395
- Associate – £230-£340
- Trainee solicitor – £185
- Paralegal – £175-190
These hourly rates do not include VAT (currently at 20%).
Disbursements are payable In addition to these charges. Disbursements are amounts we pay to third parties for expenses such as travel costs and counsel’s fees.
FEES
Every case is different and many of our cases are complex and involve multiple parties and claims and difficult legal issues. There is no such thing as a typical case. However, for convenience we have divided employment tribunal claims into three bands according to complexity.
An employment tribunal claim involving only claims of unfair dismissal and wrongful dismissal will normally, but not always be a simple claim.
FACTORS THAT MAKE CASES MORE COMPLEX
- If it is an automatic unfair dismissal claim e.g. if an employee is dismissed after making a public interest disclosure (blowing the whistle on the employer).
- If there are allegations of discrimination or other claims which are linked to the dismissal.
- If there are multiple claimants or respondents to the claim.
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties) or whether the tribunal is able to hear the claim due to jurisdictional or time limit issues.
- The number of witnesses and documents. If there is a large volume of documents it may be necessary to use e-disclosure software to manage the process.
- Evidence of expert witnesses including experts’ reports.
- Defending claims that are brought by litigants in person.
- Making or defending a costs application.
OUR PRICING FOR BRINGING AND DEFENDING CLAIMS FOR UNFAIR OR WRONGFUL DISMISSAL
- Simple case: £30,000-£60,000 (excluding VAT)
- Medium complexity case: £50,000-£120,000 (excluding VAT)
- High complexity case: £100,000-£250,000 (excluding VAT)
These figures are all based on the case continuing through to trial. In reality most cases are resolved before trial.
Cases of medium or high complexity may include claims of wrongful or unfair dismissal but will usually involve other claims as well. Typically high complexity cases will involve claims of discrimination or whistleblowing.
Each day of a tribunal hearing will incur a charge based on the time spent and the hourly rate of the lawyer. This will typically be over £2000 (excluding VAT). In addition counsel’s fees will be incurred each day that the hearing continues (see below). These costs are included within the bands of fees outlined above.
Generally, we would expect a hearing lasting 1-2 days for a simple case, 2-4 days for a medium complexity case and 5 days or more for a high complexity case.
DISBURSEMENTS
Disbursements are costs related to your matter that are payable to third parties, such as counsel’s fees, expert’s fees, travel expenses and court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees vary according to the experience of the individual counsel. Fees for a hearing are usually based on a brief fee which covers the cost of preparation and the first day of the hearing and “refresher” or a daily rate which is payable for the second and each subsequent day of the hearing. Typical fees for counsel are as follows:
Simple case:
- Brief fee £2000-£4000 (excluding VAT)
- Refresher £1000-2000 (excluding VAT)
Medium complexity case:
- Brief fee £4000-£12,000 (excluding VAT)
- Refresher £1000-3000 (excluding VAT)
High complexity case:
- Brief fee £6000-75,000 (excluding VAT)
- Refresher £1500- 5000 (excluding VAT)
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 2-4 weeks. The aim of employment tribunals is to conclude all cases within 26 weeks of the claim starting but in reality it may take longer to conclude, often 40-60 weeks from the claim starting to the final hearing. This is an estimate and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.