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Employment Tribunal Costs

We have set out below our typical costs for bringing and defending unfair and wrongful dismissal claims in the Employment Tribunal.

The costs set out below are a general range of costs, for an estimate of costs in relation to your own specific circumstances, please contact us.

Please also contact us for information about the costs of claims other than wrongful and unfair dismissal.

Unfair Dismissal Claims

  • Simple cases
  • £12,000 – £20,000 + VAT
  • Medium Complexity cases
  • £20,000 – £50,000 + VAT
  • Complex cases
  • £50,000 – £250,000 + 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 the dismissal follows a protected disclosure or TUPE

We charge based on an hourly rate which varies depending on the member of the team who is dealing with your matter. Our lowest hourly rate is £250 plus VAT and our highest hourly rate is £495 plus VAT. The seniority of the members of staff dealing with your case will depend on its complexity. We will discuss this with you when you instruct us.

There will be an additional charge for our solicitors attending a Tribunal Hearing in the region of £2,500+ VAT per day.

Generally, Tribunal Hearings take between 1 and 5 days depending on the complexity of the case.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, as printing, copying and travel costs. We handle the payment of the disbursements on your behalf to ensure a smoother process. VAT will be charged on disbursements (such as third party printing or copying, postage and where Vatable expenses are recharged to you (in accordance with the government guidelines as published form time to time – VAT: costs or disbursements passed to customers – GOV.UK (www.gov.uk)).

Counsel’s fees are included in our estimates above, although we do give you the opportunity to choose alternative Counsel, which may alter the costs at the time. Barristers’ fees typically fall within the range of £1,000 to £3,000 plus VAT per day at tribunal, so these may range from £1,000 + VAT for a very simple one day case to £10,000 plus VAT for a moderately complex claim. These costs will depend on the experience of the barrister and the length of the hearing advocate).

VAT

Where VAT is charged it will be charged at the prevailing rate at the time, which is currently 20%.

Timescales

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 6-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26 to 52 weeks or potentially longer in some circumstances. 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.

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 the claim or response from the 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.