Employment Tribunal Fees & Costs

Please see below an example template of how costs are incurred in an Employment Tribunal Claim for a straight forward unfair dismissal or wrongful dismissal claim

Where other claims are made such as discrimination or whistle blowing costs are usually increased because of the wider and more complex range of issues that may arise, as well as the number of witnesses.

We would always advise you to consider other funding options which may be available to you through an insurance policy and we will discuss this with you at your first appointment.

Please see below a table that provides an explanation of any acronyms used in Employment Tribunal Claims.

Legal TermsMeanings
Form ET1The claim form outlining your case and the nature of the dispute
Form ET3The response form when a claim has been made against you
Particulars of claimDocument that sets out the factual detail of your claim, and the legal basis for it.
Making an Unless orderIf you do not comply with an order made by the Employment Tribunal you risk losing part (or all) of your claim/response.
Interlocutory applicationsA provisional decision given during the course of a legal decision
Further and Better ParticularsA document ordered by the Employment Tribunal that sets out additional details about your claim.

Range of likely costs

Our pricing for bringing and defending claims for unfair or wrongful dismissal:

Simple case:50 – 90 hours £10000-£18000 (excluding VAT)
Medium complexity case:120 – 150 hours £24000-£30000 (excluding VAT)
High complexity case:160-180 hours £32000-£36000 (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

Included in the range of costs template are the charges for attending a Tribunal Hearing of £1600 per day (excluding VAT). Generally, we would allow 1-2 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 2000 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 with ACAS 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
  • Preparing the index of documents for disclosure to the other side
  • 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 for the final hearing
  • 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
  • Incidental correspondence and telephone attendances

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 4-6 weeks. If your claim proceeds to a Final Hearing, unless there are adjournments, your case is likely to take 26- 36 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.

Solicitor charge out rates are between - £180 -225 per hour plus VAT. For the purposes of the table we have used a blended rate of £200 plus vat.

* Clients may wish to instruct Counsel instead of, or in addition to your Solicitor. Depending on the representation option chosen, there may be additional costs involved.

Table Estimate of Costs

ActivityTimeEstimated cost
 TOTAL:£10,050 - £36,200 plus VAT
Meeting with client and taking initial instructions/advising client, receiving all supporting documents, reviewing and considering. Preparation of letter to employer if relevant3-6 hours£600 – £1200
Preparation of Claim/Response Form in terms of liaising with client, reviewing claim and all documentation, producing a draft, including amendments and finalising and issuing or responding online to the Tribunal5 - 7 hours£1000 - £1400
Preparing the Respondent’s list of documents and dealing with inspection (up to 100 pages)2 - 8 hours£400 - £1600
Preparation of list of documents2 - 6 hours£400 - £1200
Exchange of documents2 - 6 hours£400 - £1200
Further enquiries2 - 6 hours£400 - £1200
Preparation joint index2 - 6 hours£400 - £1200
Prep 6x bundle of documents2 - 16 hours£400 - £3200
Preparation of witness statementsOn the basis that each witness statement will take in the region of 8 hours to prepare draft & complete (to include the time taken to interview the witnesses) and based on 3 witnesses inc client£4800
Preliminary matters6-12 hours£1200- £2400
Scott schedule6-12 hours£1200- £2400
Additional disclosure6-12 hours£1200- £2400
Preparation for main hearing or instructions to counsel and collating all relevant documents.6-20 hours£1200- £4000
Travel, waiting time and Advocacy at Tribunal hearingOn the basis of a 1 or 2 day hearing with a standard day at Tribunal being charged at 8 hours per day. *£1600 - 3200
Witness training (one session for all witnesses)2 hours preparation£400
 2 hours for training session£400
Miscellaneous issues:
(travel, telephone or email discussions with client/ACAS/tribunal/counsel, opp solicitor/party, preparation of hearing bundle, potential settlement discussions, correspondence with Tribunal ACAS, client and the Claimant/Claimants Rep. Participation in interlocutory hearings not included.)
15 - 20 hours£3000 - £4000
Inital Advice For Individuals:
We would be delighted to help you and advise you on your employment situation. Like all Employment Law Solicitors, we do not offer free advice, but we do offer a discounted initial fixed fee service for contentious matters (for up to the first 3 hours of work) at a reduced cost of £480 plus vat i.e. £160 plus vat ph (compared to the usual rate of £675.00 plus vat, which equates to £225 + vat, per hour).
 
For advice on your Settlement Agreement our minimum fee is £350.00 plus vat. It is usual for your employer to contribute a minimum of £350 plus vat towards the cost of that. This fee will cover the advice required for reviewing the agreement and advising you on the consequences of signing it. Should any term of the Settlement Agreement need to be negociated, fees may exceed the minimum but we won’t be able to give you an accurate indication until we know what needs to be done and the amount of work involved.
 
Before taking any matter on we are required to deal with our client care and anti-money laundering procedures and in addition to payment of the intial fixed fee, (if this is offered to you) we will require two pieces of ID, that is, a copy of your passport and a recent utility bill confirming your current home address. We will send you our client care letter, terms of engagement and any other regulatory documents we are obliged to send to you. We will arrange to meet with you in order to provide a full assessment of any potential claims, we can at this stage also provide a more accurate indication or estimate of the range of costs for us to take the matter on, advise and support you through any process you are facing and if necessary/appropriate, negotiate with your employer on your behalf.
 
If you requrie advice on your employment issue and you would like to pursue it with us, please contact us on 01332 558508. 
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