Employment
Tribunal

The costs of bringing or defending an Employment Tribunal claim vary for each case and depend on the matter’s complexity, volume of documents, number of witnesses and whether or not expert evidence may be required.

Our professional fees are based on the hourly rate of the fee earner(s) involved, with our hourly rates ranging from £150 (plus VAT) for a trainee or paralegal to £450 (plus VAT) for our senior partners and consultants.  We will always discuss fees with you at the outset of any matter and, once we have a clear understanding of issues to be dealt with, we will advise you of the fee earner(s) who will deal with your case and their hourly rate.  We will also provide you with an estimate of the total fees and expenses you are likely to incur.

Our average fees for bringing or defending claims for unfair or wrongful dismissal are, based on complexity, as follows:

  • Simple case: £5,000 + VAT and expenses
  • Medium complexity case: £10,000 + VAT and expenses
  • High complexity case: £25,000 + VAT and expenses

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

If we need to attend Tribunal hearings we will charge an attendance fee based on the hourly rate of the fee earner involved.  In simple cases this is unlikely to be necessary.

Likely expenses

In addition to our fees we may advise instructing a barrister to provide an opinion, advise in conference, draft documents and attend and represent you at Tribunal hearings.  A barrister’s involvement will depend on the nature and complexity of your matter and we will provide you with an estimate of likely fees once we understand the nature of your case.

Barristers’ fees are based on their level of seniority and expertise and range from £750 to £20,000 (plus VAT) per day for attending a Tribunal Hearing (including preparation). 

At present the Employment Tribunal does not charge to issue a claim.

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 (including instructing a barrister if necessary)
  • 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 and attendance at Final Hearing, including instructions to Counsel

How long will my matter take?

On average Employment Tribunal cases can take up to 12 months, however this depends on each case.  We will provide you with an ongoing estimate of the likely timescale once we have the necessary information and as the matter progresses.

Litigation team qualifications

Our litigation team handles Employment Tribunal matters and a summary of the fee earners involved and their respective qualifications is available by clicking on the relevant individual profile below.

Andrew Wheldon

Michael Sutton