Pricing and Service Information

BACKGROUND

Richard Pigula, Solicitor/Partner.

Richard Pigula has worked in this area of the law (Employment) for some 20 years and has acted for both individuals and business/corporate clients.

Where a case is particularly complex or difficult, specialist Employment Barristers (Counsel) are often instructed to advise and to represent the client at a Tribunal Hearing.

Richard Pigula attended the College of Law in Guildford for his professional training and qualified as a Solicitor in July 1980.  He did his ‘Articles’ in Surrey and joined Downie and Gadban in 1998, becoming a Partner (Litigation) in 2007.

He continues to develop his knowledge in Employment and Litigation by reading professional publications and regularly attending Professional Development Seminars.

PRICING INFORMATION – RANGE OF COSTS

Below is our pricing to bring and defend claims for unfair or wrongful dismissal.

Employment disputes can be extremely varied and involve different complexity as well as large volumes of documentation.

If there are other claims being brought within the usual unfair/wrongful dismissal claim, (such as discrimination or whistle blowing claims), this will inevitably impact on the level of the estimated fees.

Clients may obtain limited or specific guidance where they need (or wish) to pursue a claim as a Litigant in Person and in such cases their fees will also be limited.

Apart from private funding, clients may have other funding options available to them, such as under a Conditional Fee Agreement or an Insurance Policy and in the case of the latter, assistance will be given to the client to check out if they are eligible for legal expenses or other insurance at their initial appointment.

GUIDE ON OUR ESTIMATED FEES

Our pricing for bringing and defending claims for unfair or wrongful dismissal:

    1. Simple case– £5000.00 – £8,000.00 (excluding VAT).
    2. Medium complexity case– £8,000.00 – £15,000.00 (excluding VAT).
    3. High complexity case– £15,000.00 – £20,000.00 (excluding VAT).

Various factors that could make a case more complex:

    1. If it is necessary to make or defend applications to amend claims or to provide further information/particulars about an existing claim or response;
    2. Defending claims that are brought by Litigants in Person;
    3. Making or defending a costs application;
    4. Complex preliminary issues, such as whether the Claimant is disabled or there is an issue as to whether he or she has the status of an employee worker or self-employed person (if this is not agreed by the parties);
    5. The number of witnesses involved and the volume of documentation;
    6. If it is an automatic unfair dismissal claim (e.g. if a client is dismissed after making a protected disclosure by making a ‘whistle blowing’ claim against the employer);
    7. Discrimination claims (age, disability, sex, race) are linked to the Unfair Dismissal claim.
ADDITIONAL CHARGES

There will be an additional charge for attending a Tribunal Hearing of £1,500.00 – £2,000.00 per day (excluding VAT). Generally, in other than straightforward cases, we would allow 2 – 5 days for a Hearing, depending on the complexity of your case.

DISBURSEMENTS

Disbursements are costs you incur and these are payable to third parties e.g. Court/Tribunal fees. Such payments (disbursements) are usually made on your behalf to make the process smoother.

Counsel/Barrister’s fees where Counsel is instructed are estimated between £1,500.00 – £2,500.00 per day (depending on the experience of the advocate for attending a Tribunal Hearing and to include preparation); sometimes Counsel will attend on their own, or with a Solicitor. In the latter case, the fees and disbursements will be higher and would need to be discussed at the relevant stage of the process.

THE OTHER PARTY’S COSTS

In the event that you were to lose your case, then in certain circumstances the other side may attempt to recover from you their legal costs (e.g. where you unreasonably reject an offer to settle the claim). If this were to happen, we would advise you what to do.

KEY STAGES

The fees set out above cover all the work in relation to the following key stages of a claim:-

    1. Taking your initial instructions, reviewing the papers and advising you on the merits and likely compensation. (This aspect of the matter will be further considered throughout the case and subject to change);
    2. Entering into a pre-claim action conciliation, where it is mandatory to explore whether a settlement between the parties can be reached;
    3. Preparing the Claim or Response to claim;
    4. Reviewing and advising on the claim or the response;
    5. Exploring settlement and negotiating settlement throughout the process;
    6. Preparing or considering a Schedule of Loss;
    7. Preparing for (and attending) a Preliminary Hearing before an Employment Judge in the Tribunal;
    8. Exchanging documents with the other party and agreeing a bundle of documents;
    9. Taking Witness Statements, drafting Statements and agreeing their content with witnesses;
    10. Preparing a Bundle of Documents for the Hearing;
    11. Reviewing and advising on the other party’s Witness Statements;
    12. Agreeing a list of issues, a Chronology and a Case List;
    13. Preparation and attendance at a final Tribunal Hearing, including preparing Instructions/Brief to Counsel to attend the Hearing.
    14. Note: If some stages listed above are not required, then the estimated fees will be less. In the event that the client wishes to deal with the claim themselves as a Litigant in Person and only receives limited advice in respect of some of the stages, then the estimated fees will be less. A tailored costing made to individual needs can be discussed and arranged with the client.
HOW LONG WILL THE CASE / MATTER TAKE TO CONCLUDE?

The period of time that it takes from taking initial instructions from you to the final resolution of your case will depend largely on the stage at which your case is resolved. Thus if a settlement is reached during a pre-claim conciliation, your case is likely to take somewhere in the region of 12 – 24 weeks.

If the client’s case proceeds to a final Tribunal Hearing, the case is likely to take longer – somewhere in the region of 30 – 52 weeks.

The above is simply an indication or estimate and we will be able to provide you with a more accurate timescale once more information is to hand as the case progresses towards a hearing.

For further information on the above or the Fee Earner, please contact Richard Pigula (Partner) on 01420 81275 or 01420 82879 or richard.pigula@downieandgadban.co.uk

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