Employment Tribunal Costs
Every case in the Employment Tribunal is individual and the fees can vary from case to case. Examples of fees, whether we act for the Claimant or the Respondent, are given below but any number of factors could reduce or increase these. For example, most cases settle before they get to the hearing stage, which significantly reduces costs.
Whilst there are various ways of funding a case, an indication of our fees are as follows:
Straight-forward, low value cases: £500.00 – £2,000.00 (plus VAT)
Medium complexity case: £2,000.00-£10,000.00 (plus VAT)
High complexity case: £10,000.00-£25,000.00 (plus VAT)
Factors that could vary these prices:
- 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 (where it is not agreed by the parties)
- The volume of documents relevant to the case
- 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
- If it is a constructive dismissal claim e.g. you resign because your employer has treated you badly or breached your contract
- Allegations of discrimination which are linked to the dismissal
- High level of advice required
There will be an additional charge for attending a Tribunal Hearing of a minimum of £500.00 per day (£600.00 inc. VAT). Generally, we would allow 1-5 days depending on the complexity of your case.
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 £750.00 to £3,500.00 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking initial instructions, reviewing the papers and advising on merits of the case, likely compensation (this is likely to be revisited throughout the matter and subject to change), realistic settlement and next steps
- Entering into pre-claim conciliation using ACAS where this is mandatory and/or directly communicating with the employer to explore whether a COT3 or settlement agreement can be reached;
- Preparing open letters to the other party to protect your position e.g. resignation, grievance, or appeal of dismissal
- Preparing a claim or response to a claim
- 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 either in person, by Cloud Video Platform or over the telephone
- Communicating with the other party and Employment Tribunal
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting and agreeing their content with witnesses
- Preparing a 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 the Final Hearing, including instructions to Counsel and conference with 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 which will reduce fees. 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 or directly with your employer, your case may take 1 – 6 weeks. If your claim proceeds to a Final Hearing, we are led by the Tribunal lists which means your case is likely to take 26-52 weeks. We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.