Employment Tribunal Prices
Our employment team have extensive experience in advising upon all aspects of employment law, including Employment Tribunal claims. When advising in relation to an employment law claim, where appropriate, we will seek to find an early and cost-efficient resolution. If it is not possible to achieve early settlement, our lawyers have significant experience in bringing and defending Employment Tribunal claims.
The Solicitors Regulation Authority (SRA) launched new Transparency Rules in December 2018 with the aim to ensure that people have accurate and relevant information about a solicitor or firm whey they are considering purchasing legal services to assist consumers and business to make informed choices. More information about the Transparency Rules can be found on the SRA website.
We have set out further guidance below on the fees likely to be incurred in relation to bringing or defending a claim for unfair or wrongful dismissal based on an initial meeting through to a full Employment Tribunal hearing. There are many other types of claims and aspect of employment law upon which our team is able to advise not covered by the estimates noted below and each case is different. Please therefore email us or call 01202 525 333 to discuss your case further and we will provide an estimate or fixed fee based on your individual case.
The vast majority of tribunal cases settle before the final hearing meaning that costs would be lower than the ranges given below. These costs are based on you meeting the cost personally. There are other funding options which we will discuss with you; for example, fixed fee quotes for sections of the work to prepare for a tribunal, whether you have legal expenses insurance to cover your costs through an insurance policy and whether we can act for you on a “no win, no fee” basis usually under a damages based agreement.
Our fees for bringing and defending claims for unfair or wrongful dismissal
- Preliminary hearing or half day hearing: £1,500 – £5,000 (excluding VAT*)
- One – Two-day hearing: £10,000 – £15,000 (excluding VAT*)
- Two – Five-day hearing: £10,000 – £25,000 (excluding VAT*)
- Five days plus hearing: £25,000 – £45,000 (excluding VAT*)
Our costs are charged on a time spent basis in accordance with the lawyers’ hourly rates which will be discussed with you. We will provide you with a clearer indication of our estimated total cost once we have obtained further details.
*Please note we will charge VAT on top of our costs for the work we carry out for you. VAT is currently charged at 20%
Factors that could make a case more complex:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
- If it is necessary to make or defend other application such as strike out of a claim or response, interim relief, deposit orders etc.
- Defending claims that are brought by litigants in person.
- Making or defending a costs application.
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties).
- The number of witnesses and documents.
- If it is an automatic unfair dismissal claim e.g. ’whistle-blowing’ or health and safety-related claims.
- If it is a constructive dismissal claim e.g. you resign because your employer has treated you badly or breached your contract.
- Allegations of discrimination which are linked to the dismissal.
- Other claims brought within the same proceedings e.g. a claim for unpaid holiday or arrears etc.
There will be an additional charge for attending a Tribunal Hearing. We may consider it appropriate to instruct a barrister to represent you at the hearing, in which case we will discuss and agree their fee with you prior to it being incurred (also see further below). If we instruct a barrister, often it is not necessary for one of our lawyers to also attend. However, in more complex one of our lawyers may also attend the hearing to assist the barrister. If we attend the tribunal to represent you or to assist the barrister there will be an additional charge of between £500 – £1,500 per day (excluding VAT*). Generally, we would allow 1-9 days for a tribunal hearing, depending on the complexity of your case.
*Vat is currently charged at 20%
Disbursements are costs related to your matter that are payable to third parties, such as barrister, expert and Tribunal fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Barrister’s fees vary according to their level of experience. Barrister’s fees are normally between £750 to £4,000 plus VAT* per day (depending on experience) for attending a Tribunal Hearing (including preparation).
*Vat is currently charged at 20%
Key Stages and Services Provided
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, likely compensation (this is likely to be revisited throughout the matter and subject to change). During this stage we will also discuss realistic settlement parameters and next steps
- Entering into pre-claim conciliation using ACAS where this is mandatory and/or directly communicating with the employer to explore whether settlement can be reached.
- Preparing open letters to the other party to protect your position e.g. resignation, grievance, or appeal of dismissal.
- 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 either in person or over the telephone.
- Communicating with the other party and employment tribunal.
- 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 and meeting with a barrister (as appropriate).
The stages set out above are an indicative of the likely steps required to be followed in a wrongful or unfair dismissal tribunal claim. Not all cases follow the same steps each time. If for example, some of stages above are not required, the fee will be reduced. Conversely, a particularly complex matter may require certain aspects of a claim being dealt with separately. Further, you may wish to handle some aspects of the claim yourself and only have our advice in relation to some of the stages. We are happy to work collaboratively with you to arrange representation which suits 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 or directly with your employer, your case is likely to take 2-6 weeks from the date conciliation is entered into. If your claim proceeds to a Final Hearing, your case is likely to take 6 – 18 months, depending in part upon which Tribunal region you are dealing with and its availability. 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.
Who will carry our my work?
The level of complexity of the claim will determine who carries out the work on your claim. Typically a simple claim will be dealt with by a solicitor, supervised by an associate or senior associate, whereas a more complex claim will be dealt with by either an associate or senior associate, supervised by a partner.
Please click here for further details of the experience and qualifications of the individuals who may work on your claim.