Services & Pricing – Employment Tribunals

Our pricing for defending claims in the Employment Tribunal

The cost will depend on the individual circumstances of the matter:

Simple case: £5,000 – £10,000 (excluding VAT, charged at 20%) for example unlawful deductions for wages

Medium complexity case: £8,000 -£20,000 (excluding VAT, charged at 20%) for example simple unfair dismissal claims

High complexity case: £15,000-£75,000 plus (excluding VAT, charged at 20%) for example equal pay, discrimination and whistleblowing

Factors that could make a case more complex include:

  • If it is necessary to make or defend applications to amend claims or to seek further information  or disclosure 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

There will be an additional charge for attending a Tribunal Hearing of £750 to £1250 per day (excluding VAT, charged at 20%). The length of a Tribunal Hearing will be dependent on the complexity of the 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 are estimated between £1000 to £2000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).  These would be agreed with you beforehand and monies paid on the account prior to instruction.

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 a response
  • Reviewing and advising on claim or any additional responses from another party
  • Exploring settlement and negotiating settlement throughout the process
  • preparing or considering a schedule of loss
  • Preparing for (and attending) a Preliminary Hearing/Case Management Discussion
  • 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 on 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 the 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, currently due to COVID 19 Restrictions your case is likely to take 6 month to 18 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.

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Catherine Wilson Partner