Pricing - CM Murray LLP

CM Murray LLP

Pricing Information

CM Murray LLP is a specialist employment and partnership law firm with a particular focus on international issues. We have market-leading expertise in the areas of crossover between employment and partnership law, particularly in cross-border disputes and structures, representing very senior executives and multi-national employers. We pride ourselves on providing a personalised and tailored service for all of our clients and all matters will be led by a partner or senior lawyer. Our priority is to ensure that our clients receive the best advice and support, not just on their legal position but also on the strategy and commercial realities. We do not advise on issues relating to tax, accounting, pensions, immigration, regulatory issues or share options or rights; nor do we advise on foreign law issues.

It is unusual for CM Murray to advise clients on bringing or defending claims for wrongful or unfair dismissal which do not also involve other high risk and high value features such as discrimination, whistleblowing or cross-border issues. In addition, the majority of our clients want to avoid litigation as far as possible. Since our aim is to ensure the best outcome tailored to the needs of each of our clients, many of the matters on which we work do not proceed all the way to a final hearing.

The prices set out below are intended to give a guide to the average cost of bringing or defending unfair and wrongful dismissal claims. They do not include costs for other claims which are usually brought alongside those claims, such as discrimination, harassment or whistleblowing detriment claims. They are not intended to be a fixed fee or a firm quotation and, in each matter, much will depend on the amount and complexity of the documentation, the strategy adopted by you and the other party/ies and the level of support required from us by you throughout. Given all of the above, the prices set out below are unlikely to be the precise price which we end up charging on any given matter. Once instructed, we provide proposed budgets on a stage-by-stage basis tailored to each client and matter.

Alternative Funding

You should consider whether funding of your legal expenses in this matter might be covered under any of the following:

household or business protection insurance (‘before the event’ insurance);
public funding;
credit card insurance;
trade union benefits;
‘after the event’ insurance; or
any other form of legal expenses insurance.

We do not normally undertake legal advice on the above bases but are happy to discuss whether we might consider this in exceptional circumstances.

Costs

Please be aware that the costs set out below are in relation to your own legal fees. Whilst the award of costs against a losing party in the employment tribunal is not yet a frequent occurrence, there is still a risk that if you lose you may also be ordered to pay a contribution towards the other side’s costs, as well as your own costs incurred with or through us.

Our pricing for bringing a claim for unfair dismissal

Our hourly rates range from £215 plus VAT to £850 plus VAT depending on the seniority and experience of the lawyers involved. Please see the individual profile pages of each of our lawyers for further information about their role, experience and qualifications.

Simple Case	£60,000 – £85,000 plus VAT
Medium Complexity Case	£85,000 – £150,000 plus VAT
High Complexity Case	£150,000 – £190,000 plus VAT

These figures are a guide and are not intended to represent a formal quotation or fixed fee. All prices are exclusive of VAT and all disbursements, including barristers’ and experts’ fees. Where applicable, VAT is currently charged at the standard rate of 20%.

The fees set out above cover the work carried out by us in relation to the key stages of a claim which are as follows:

Taking initial instructions from you, including a preliminary meeting;
Reviewing relevant documentation and identifying relevant claims;
Advising you on time limits;
Providing initial advice on merits of your case and any likely compensation;
Ongoing review and reassessment of that initial advice;
Engaging in mandatory early conciliation with ACAS to explore whether early settlement of your claim is possible;
Preparing correspondence to your employer;
Instructing a barrister/counsel on your behalf;
Preparing your claim;
Reviewing response to the claim and advising you accordingly;
Exploring settlement and negotiating with your employer throughout;
Preparing a schedule of loss – a document setting out the financial loss you have suffered and will suffer on an ongoing basis;
Reviewing documentation provided by you as part of the disclosure process during litigation;
Reviewing and advising on documents disclosed by your employer;
Agreeing a bundle of documents to be referred to during the employment tribunal hearing;
Taking witness statements from you and other relevant witnesses;
Reviewing and advising on the witness statements provided by your employer;
Agreeing a list of issues, a chronology and/or a cast list as required by the employment tribunal;
Preparation for and attendance at a final hearing, including meetings with barrister/counsel and preparing you for the hearing;

Barristers’ fees are not included in the above costs – these are counted as disbursements – see further below.

If some of the above stages are not required for any reason, the fees involved will be reduced. In addition, if you wish to manage or handle any parts of the claim yourself, this may reduce your fees.

Factors that are likely to make an unfair dismissal case more complex:

Having to make or defend applications to amend claims or to provide further information or details about a claim;
Having to make or defend an application for costs in the employment tribunal;
Where the claim relates to constructive dismissal;
Whistleblowing allegations – where you believe you have been dismissed for having disclosed some wrongdoing in an organisation;
Where the dismissal is connected (or allegedly connected) to a business transfer or service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006;
Where the claim is for automatically unfair dismissal on any other ground;
Where there are any preliminary issues to be decided by the employment tribunal, involving any preliminary hearings;
Where there is a large number of witnesses or extensive documentation;
A longer than usual tribunal hearing. Unfair dismissal hearings usually last 1-2 days.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barristers’ fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Barrister’s fees for preparing for and attending an employment tribunal hearing depend on the seniority and experience of the barrister(s) involved in your case. Counsel’s fees are generally based on a “brief fee” – the charge for preparation and the first day in tribunal – and a “refresher” – the charge for any additional days in tribunal.

For a simple case, listed for a 1-day hearing, instructing junior Counsel is likely to cost between £1,250 plus VAT and £2,000 plus VAT.

For a medium complexity case, listed for a 3-day hearing, the brief fee is likely to be between £7,500 plus VAT and £10,000 plus VAT and the refresher for each of the additional days between £2,000 plus VAT to £2,500 plus VAT.

For a complex case involving one or more of the factors set out above, the hearing is likely to last up to around 10 days. We would tend to instruct a more senior counsel on such cases and the brief fee is likely to be between £27,500 plus VAT to £60,000 plus VAT, with a daily refresher of between £3,000 plus VAT and £5,000 plus VAT. We may, in some circumstances, instruct more than one barrister on a matter which will increase the costs.

In addition to the above, where appropriate we will involve counsel at an early stage to assist with drafting key documents. Costs for this will vary depending on the level of assistance required and the seniority of the barrister instructed.

How long will my matter take?

The time that it takes from receiving your initial instructions to the final resolution of your matter will depend largely on the stage at which your case settles or is otherwise resolved. If a settlement is reached before a claim is issued at the employment tribunal, your case is likely to take 8-12 weeks. If your claim proceeds to a final hearing at the employment tribunal, your case is likely to last 12 months or more due to the significant delays in the employment tribunal system. These time frames are estimated, and we will provide you with updated and more accurate timescales as the matter progresses.

Our pricing for defending a claim for unfair dismissal

Simple Case	£80,000 – £140,000 plus VAT
Medium Complexity Case	£140,000 – £195,000 plus VAT
High Complexity Case	£195,000 – £270,000 plus VAT

The fees set out above cover the work carried out by us in relation to the key stages of a claim which are as follows:

Taking initial instructions, including a preliminary meeting;
Reviewing relevant documentation and identifying potential claims;
Advising on time limits;
Providing initial advice on merits of the case and quantum of potential damages;
Ongoing review and reassessment of that initial advice;
Engaging in early conciliation with ACAS to explore whether early settlement of the claim is possible;
Preparing correspondence to the claimant;
Instructing a barrister/counsel;
Reviewing the claim form and related documentation and advising you accordingly;
Preparing a response to the claim;
Exploring settlement and negotiating throughout;
Reviewing a schedule of loss – a document setting out the financial loss the employee has suffered and will suffer on an ongoing basis;
Reviewing documentation as part of the disclosure process during litigation;
Reviewing and advising on documents disclosed by the claimant;
Agreeing and preparing a bundle of documents to be referred to during the employment tribunal hearing;
Taking witness statements from relevant witnesses;
Reviewing and advising on the witness statements provided by the claimant;
Agreeing a list of issues, a chronology and/or a cast list as required by the employment tribunal;
Preparation for and attendance at a final hearing, including meetings with barrister/counsel and preparing you for the hearing;

Barristers’ fees are not included in the above costs – these are counted as disbursements – see further below.

Factors that are likely to make an unfair dismissal case more complex:

Having to make or defend applications to amend claims or to provide further information or details about a claim;
Having to make or defend an application for costs in the employment tribunal;
Where the claim relates to constructive dismissal;
Whistleblowing allegations – where the allegations of unfair dismissal are linked to the employee having made disclosures about alleged wrongdoing;
Where the dismissal is (or is alleged to be) connected to a business transfer or service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
Where the claim is for automatically unfair dismissal on any other ground;
Numerous preliminary issues to be decided by the employment tribunal, involving more than one preliminary hearing;
Where there is a large number of witnesses or extensive documentation;
A longer than usual tribunal hearing. Hearings for unfair dismissal usually last 1-2 days.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barristers’ fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

For a simple case, listed for a 1-day hearing, instructing junior Counsel is likely to cost between £1,250 plus VAT and £2,000 plus VAT.

How long will my matter take?

The time that it takes from receiving your initial instructions to the final resolution of your matter will depend largely on the stage at which your case settles or is otherwise resolved. If a settlement is reached before a claim is issued at the employment tribunal, the case is likely to take 8-12 weeks. If the claim proceeds to a final hearing at the employment tribunal, your case is likely to last 12 months or more due to the significant delays in the employment tribunal system. These timeframes are estimated, and we will provide you with updated and more accurate timescales as the matter progresses.

Our pricing for bringing a claim for wrongful dismissal in the employment tribunal

Simple Case	£50,000 – £70,000 plus VAT
Medium Complexity Case	£70,000 – £100,000 plus VAT
High Complexity Case	£100,000 – £110,000 plus VAT

Damages for wrongful dismissal in the employment tribunal are capped at £25,000.

The fees set out above cover the work carried out by us in relation to the key stages of a claim which are as follows:

Taking initial instructions from you, including a preliminary meeting;
Reviewing relevant documentation and identifying relevant claims;
Advising you on time limits;
Providing initial advice on merits of your case and any likely remedy available, including compensation;
Ongoing review and reassessment of that initial advice;
Engaging in mandatory early conciliation with ACAS to explore whether early settlement of your claim is possible;
Preparing correspondence to your employer;
Instructing a barrister/counsel on your behalf;
Preparing your claim;
Reviewing response to the claim and advising you accordingly;
Exploring settlement and negotiating with your employer throughout;
Preparing a schedule of loss – a document setting out the financial loss you have suffered and will suffer on an ongoing basis;
Reviewing documentation provided by you as part of the disclosure process during litigation;
Reviewing and advising on documents disclosed by your employer;
Agreeing a bundle of documents to be referred to during any hearing;
Taking witness statements from you and other relevant witnesses;
Reviewing and advising on the witness statements provided by your employer;
Agreeing a list of issues, a chronology and/or a cast list as required by the employment tribunal;
Preparation for and attendance at a final hearing, including meetings with barrister/counsel and preparing you for the hearing;

Barristers’ fees are not included in the above costs – these are counted as disbursements – see further below.

Factors that are likely to make a wrongful dismissal case in the employment tribunal more complex:

Having to make or defend applications to amend claims or to provide further information or details about a claim;
Having to make or defend an application for costs;
Where there are issues relating to shareholdings, stock options and other benefits in addition to notice pay;
Where there is a large number of witnesses or extensive documentation;
A longer than usual hearing. Hearings for wrongful dismissal in the employment tribunal usually last 1-2 days.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barristers’ fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

For a simple case, listed for a 1-day hearing, instructing junior Counsel is likely to cost between £1,250 plus VAT and £2,000 plus VAT.

How long will my matter take?

The time that it takes from receiving your initial instructions to the final resolution of your matter will depend largely on the stage at which your case settles or is otherwise resolved. If a settlement is reached before a claim is issued, your case is likely to take 8-12 weeks. If your claim proceeds to a final hearing at the employment tribunal, your case is likely to last 12 months or more due to the significant delays in the employment tribunal system. These timeframes are estimated, and we will provide you with updated and more accurate timescales as the matter progresses.

Our pricing for defending a claim for wrongful dismissal in the employment tribunal

Simple Case	£70,000 – £130,000 plus VAT
Medium Complexity Case	£130,000 – £170,000 plus VAT
High Complexity Case	£170,000 – £200,000 plus VAT

Damages for wrongful dismissal in the employment tribunal are capped at £25,000.

The fees set out above cover the work carried out by us in relation to the key stages of a claim which are as follows:

Taking initial instructions, including a preliminary meeting;
Reviewing relevant documentation and identifying potential claims;
Advising on time limits;
Providing initial advice on merits of the case and quantum of potential damages;
Ongoing review and reassessment of that initial advice;
Engaging in early conciliation with ACAS to explore whether early settlement of the claim is possible;
Preparing correspondence to the claimant;
Instructing a barrister/counsel;
Reviewing the claim form and related documentation and advising you accordingly;
Preparing a response to the claim;
Exploring settlement and negotiating throughout;
Reviewing a schedule of loss – a document setting out the financial loss the employee has suffered and will suffer on an ongoing basis;
Reviewing documentation as part of the disclosure process during litigation;
Reviewing and advising on documents disclosed by the claimant;
Agreeing and preparing a bundle of documents to be referred to during the employment tribunal hearing;
Taking witness statements from relevant witnesses;
Reviewing and advising on the witness statements provided by the claimant;
Agreeing a list of issues, a chronology and/or a cast list as required by the employment tribunal;
Preparation for and attendance at a final hearing, including meetings with barrister/counsel and preparing you for the hearing;

Barristers’ fees are not included in the above costs – these are counted as disbursements – see further below.

Factors that are likely to make a wrongful dismissal case in the employment tribunal more complex:

Having to make or defend applications to amend claims or to provide further information or details about a claim;
Having to make or defend an application for costs;
Where there are issues relating to shareholdings, stock options and other benefits in addition to notice pay;
Where there is a large number of witnesses or extensive documentation;
A longer than usual hearing. Hearings for wrongful dismissal in the employment tribunal usually last 1-2 days.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barristers’ fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

For a simple case, listed for a 1-day hearing, instructing junior Counsel is likely to cost between £1,250 plus VAT and £2,000 plus VAT.

How long will my matter take?

The time that it takes from receiving your initial instructions to the final resolution of your matter will depend largely on the stage at which your case settles or is otherwise resolved. If a settlement is reached before a claim is issued at the employment tribunal, the case is likely to take 8-12 weeks. If the claim proceeds to a final hearing at the employment tribunal, your case is likely to last 12 months or more due to the significant delays in the employment tribunal system. These timeframes are estimated, and we will provide you with updated and more accurate timescales as the matter progresses.