Employment Tribunal Costs - Your HR Lawyer
 

Employment Tribunal Costs

The cost of bringing and defending claims of Unfair or Wrongful Dismissal in the Tribunal can vary greatly and much will depend on the nature of the case and the issues involved.

Our fees are based on an hourly charge out rate which will depend on who handles the case on your behalf, but it will range from £75 per hour for a paralegal to £240 per hour where a more senior Solicitor is involved. You will be notified at the outset as to who will be dealing with the matter on your behalf and what rate will apply.

For illustrative purposes only, the typical costs of bringing and defending claims are as follows:

Low complexity case: £5000-£8000 (excluding VAT)

Medium complexity case: £8000 £10,000 (excluding VAT)

High complexity case: £10,000 plus  (excluding VAT)

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
  • 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 upon by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer 
  • Allegations of discrimination which are linked to the dismissal 

There will be an additional charge if we have to attend a Tribunal Hearing  of £500 to £1000 per day (excluding VAT). Generally, we would allow 2-3 days depending on the complexity of your case.

Disbursements

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

Counsel’s fees estimated between £1000 to £3000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

Key stages

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 on a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses 
  • preparing a bundle of documents 
  • Reviewing and advising on the other party’s witness statements
  • Agreeing on a list of issues, a chronology and/or cast list
  • Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and 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 on 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 4 to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26-52 weeks. 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.

Alternative means of funding

At our first meeting, we will discuss with you all potential means of funding the matter, which may include exploring the possibility of any pre-existing legal expenses insurance you may have the benefit of.  We will go through with you in more detail the pricing set out above and give you an estimate of all of the fees involved.

Additional Claims

In the event that the claim includes additional elements such as allegations of Discrimination or claims for holiday pay, this may increase the estimates set out above. In the event that the costs are likely to exceed the levels stated, you will be notified of this and a revised estimate of costs provided.