Key stages

The fees set out below 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 (to be revisited throughout the matter and subject to change)
Preparing claim or response
Reviewing and advising on claim or response from other party
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
Exploring settlement and negotiating settlement including via ACAS
Preparing or considering a schedule of loss
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

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 based on your individual needs.

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 the case is resolved. If a settlement is reached during pre-claim conciliation with ACAS, your case is likely to take 1-4 weeks. If your claim proceeds to a final hearing, your case is likely to take 6-12 months. 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.

Pricing

As a broad guide to our pricing for bringing and defending claims for unfair or wrongful dismissal we would anticipate the following ranges:

Simple case: £5,000-£12,000 (plus VAT at 20%)

Medium complexity case: £12,000-£25,000 (plus VAT at 20%)

High complexity case: £25,000-£50,000+ (plus VAT at 20%)

Factors that may impact on the complexity of a case:

If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
Complex preliminary issues
The number of witnesses and documents
Complex facts
High value cases
The number of Respondents
The complexity of issues and arguments
Whether the claimant remains in employment
Defending claims that are brought by litigants in person
Making or defending a costs application
If it is an automatic unfair dismissal claim e.g. dismissal after blowing the whistle
Allegations of discrimination which are linked to the dismissal

Please also see the potential disbursements associated with tribunal claims.

You should always check in case you have any insurance cover that may provide an indemnity in relation to your legal costs in bringing or defending employment tribunal claims and/or in the case of employers may provide an indemnity in relation to any compensation awarded.

Disbursements

Disbursements are costs related to your matter that are payable in addition to our fees and in relation to tribunals these may be items such as copying charges, travel expenses, counsel (see below) and sometimes experts. We will inform you in advance of any potential disbursements.

Set out below is an estimate of Counsel’s fee for attendance at a tribunal Hearing for the following types of claims:

Simple unfair/wrongful dismissal claim with a hearing time estimate of one day: £1,500 to £3,000 (plus VAT at 20%).
Medium complexity unfair/wrongful dismissal claim with a hearing time estimate of 2-3 days: £4,500 to £9,000 (plus VAT at 20%).
High complexity unfair/wrongful dismissal claim with a hearing time estimate of a minimum of 4 days: £9,000 to £30,000 (plus VAT at 20%).

A firm quote for Counsel’s fees can be obtained once the nature of the claim, seniority of Counsel required and length of hearing have been determined. There will be an additional charge for us to attend a tribunal hearing with counsel, if required or necessary, and we would agree this with you in advance.

Further information

In any case, we will always discuss likely costs more specifically with that client. If, therefore, you wish us to act for you and would like a specific cost estimate or if you have any questions or would like any assistance in relation to a Tribunal claim please contact a member of the team.

Employment Tribunal Claims

Key stages

Timescales

Pricing

Disbursements

Further information

Employment and HR Law

Employment and HR for Individuals

Employment Law Training