EMPLOYMENT TRIBUNALS

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The cost of bringing and defending claims at employment tribunal for unfair or wrongful dismissal can vary, depending on a range of factors. Below we have provided a guide to our likely professional fees, along with additional information on potential costs and timings.

• Simple case (one-day hearing): £7,000 – £12,000 (excluding VAT at 20%)
• Medium complexity case: £12,000 – £25,000 (excluding VAT at 20%)
• High complexity case: over £25,000 (excluding VAT 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
• Defending claims that are brought by litigants in person (i.e. not represented by a barrister)
• Making or defending a costs application
• Complex preliminary issues, such as whether the claimant is disabled or a self-employed contractor (if this is not agreed by the parties)
• If preliminary hearing(s) are required
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if the claimant has been dismissed after blowing the whistle on their employer
• Allegations of discrimination which are linked to the dismissal

An employment tribunal hearing for unfair or wrongful dismissal can last from one day upwards, depending on the complexity of the case. We usually instruct counsel to conduct the advocacy in an Employment Tribunal case. If we instruct counsel, counsel’s fees are estimated as being between £750 to £2,500 per day (excluding VAT at 20%; depending on experience of the advocate). There may also be an additional charge to have a solicitor attend the Employment Tribunal hearing to accompany counsel.

 

Disbursements

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

 

Scope of Work

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

• Taking initial instructions, reviewing documents 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 to explore whether a settlement can be reached
• Preparing a claim or response
• Reviewing and advising on a claim or response from other party
• Exploring and negotiating settlement throughout the process, including drafting a settlement agreement if appropriate
• Preparing or considering a schedule of loss
• Preparing for (and attending) a preliminary hearing, including dealing with preliminary case management and other issues
• Exchanging documents with the other party and agreeing a case bundle
• Holding witness interviews, drafting statements and agreeing their content with witnesses
• 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 preparing instructions and/or a skeleton argument for counsel
• Ensuring that you are made fully aware of the progress of the case and are regularly updated

 

The stages set out above are an indication only. You may wish to handle some aspects of the claim yourself and only have our advice/support in relation to some of the aspects and stages involved. This can also be agreed, depending on your individual needs and preferred approach.

 

How long will my case take?

The time that it takes from taking your initial instructions to the final resolution of your situation 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 around 4 weeks. If the case does not settle during the pre-claim conciliation period, it may still be possible to reach a settlement at a later stage. It may also be possible to win the case at an early stage, if the Employment Tribunal decides the claim is out of time or the claimant has little prospects of success. If, however, your claim proceeds to a final hearing, your case may take up to 12 months or even longer

Please note that these timescales are just estimates and we will of course be able to give you a more accurate timescale once we have more information about your specific case.