Employment Tribunals – Range of Fees
Please find below our estimated charges for bringing and defending claims for unfair dismissal in the employment tribunal. In any given case, the charge will differ depending on the length and complexity of the claim. However, we have given three examples of the claims we typically encounter and the factors which might influence which category a particular case might fall into.
Although our Employment Team are confident advocates and regularly represent clients in person in employment tribunal claims and court proceedings, for the medium and higher complexity cases, the charges are calculated up to the point of the Final Hearing. We have then set out, separately, the anticipated further charge if we were to appear on your behalf or, alternatively, if the decision was taken to instruct counsel.
Lesser complexity case
For example, a case where unfair dismissal is the sole claim and the matter is fast-tracked to a one-day hearing.
£7,200 + VAT (£8,640) based on 32 hours’ work, if we conduct the advocacy.
In the region of £7,800 + VAT (£7,560) to £8,300 + VAT (£9,960) based on 28 hours’ work and estimated counsel’s fees of £1,500 + VAT (£1,800) to £2,000 + VAT (£2,400), if we instruct.
Medium complexity case
For example, a case where there are additional claims to unfair dismissal, such as discrimination, or an unfair dismissal claim which requires a Preliminary Hearing. Perhaps because the complaint is one of constructive dismissal, or where the case is listed for a Final Hearing of two or three days’ duration.
In the region of £8,550 + VAT (£10,260), plus
£1,800 + VAT (£2,160) for the first day of the Final Hearing and £1,350 + VAT (£1,620) for the second and subsequent days of the Final Hearing (so in the region of £11,700 + VAT (£14,040) for a two-day hearing case).
Higher complexity case
For example, an unfair dismissal claim involving multiple discrimination complaints or complex ancillary matters such as whistleblowing allegations, where the case is listed for a Final Hearing of two or more days’ duration.
From £10,800 + VAT (£12,960), plus
£1,800 + VAT (£2,160) for the first day of the Final Hearing and £1,350 + VAT (£1,620) for the second and subsequent days of the Final Hearing (so, from £15,300 + VAT (£18,360) for a three-day tribunal hearing case).
The following factors may make a case more complex:
- If it is necessary to make or defend applications to amend claims
- 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. For example if the reason for dismissal is because of a protected disclosure or an employee’s pregnancy or maternity leave
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 for the Final Hearing or instructions to Counsel
The stages set out above are an indication only. If some of these are not required, the charges 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 be arranged to suit your individual needs.
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. Examples of disbursements in an employment tribunal claim include:
- Instructing counsel (a specialist barrister to conduct the advocacy at a hearing) – counsel’s fees depend on seniority and would be agreed with you.
- Instructing an expert, such as a medical expert in a disability discrimination claim – again, the fee would be agreed with you before confirmation of instruction.
- Travel costs – we may need to charge for our reasonable travel costs if we are representing you in an employment tribunal or court outside our region. In the majority of cases, this will be the cost of a standard class train ticket.
- Accommodation costs – we may need to charge for our reasonable accommodation costs if attending a hearing outside our region involves an overnight stay. In the majority of cases, this will be the cost of a reasonably priced hotel.
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 two to four weeks. However, if your claim proceeds to a Final Hearing, your case is likely to take a lot longer, perhaps 16 weeks or more. 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.
Contact our Employment team for more information.