Employment Tribunal

It is difficult to provide an exact price estimate for bringing or defending claims arising out of employment without knowing the details of the case, however, our estimate pricing for bringing and defending claims for unfair or wrongful dismissal is as follows:

Simple case: £500.00-£2,000.00 (excluding VAT)

Medium complexity case: £2,000.00-£5,000.00 (excluding VAT)

High complexity case: £5,000.00-£20,000.00 (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 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 for attending a Tribunal Hearing of £500.00 per day (excluding VAT and travel time). Generally, we would allow 2-5 days depending on the complexity of your case.

Recoverability of costs?

Usually, in contrast to cases heard in the civil courts, employment tribunals do not award costs against the losing party; the general practice is that each party bears their own legal costs. This system is in place to prevent individuals from feeling that they are unable to bring their case before a tribunal on account of being concerned about having to pay costs should they lose. It should be noted that the costs of a claim are usually much higher for employers than they are for individual claimants.

This means that should an employer be on the receiving end of an employment tribunal claim, they are generally unable to claim their legal costs back from the claimant, even if they successfully revoke the claim.

However, just because costs orders have, in the past, not generally been used by employment tribunals, it does not mean that tribunals are unable to award costs. There are a number of circumstances when a tribunal will order that costs are payable, and this is down to the discretion of the tribunal.

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 are estimated to be between £500.00 to £1,500.00 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 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 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 4-12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 16-48 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.