Employment Tribunal fees - Employers

We have provided Employment Advice to businesses of all sizes across a wide range of industries on dealing with employment-related issues, including defending Employment Tribunal claims.

If an employee has raised an issue or made a claim to an Employment Tribunal, it is essential to have the right expert advice to protect your business and reputation.

Why Us

We years of experience handling both straightforward and highly complex employment disputes at every level, from negotiation and early conciliation through to Employment Tribunal claims.

We will provide you with a range of estimates and keep you updated on fees as your matter progresses.

Pricing

Our usual fees for defending claims brought against your business for unfair and wrongful dismissal are based on three bands

There may be other funding options available to you, for example, using any commercial legal expenses insurance your business is covered by.

There are various issues we will need to consider when deciding what your total legal fees are likely to be. We will make this assessment and inform you of the likely overall fees at the outset and as your matter progresses, if we consider these fees will be exceeded.  Please be aware that in most cases each party is liable for its own legal costs irrespective of who wins the case.

Fees

Type of claim: unfair dismissal	Fees/Range of Fees	VAT	Total
Simple claim defined as: an unfair dismissal claim with a hearing lasting one day	£7,500 - £10,000	£1,500 - £2,000	£9,000 - £12,000 including VAT
Medium claim defined as: an unfair dismissal claim with a hearing lasting 2-3 days	£10,000 - £15,000	£2,000 - £3,000	£12,000 - £18,000 including VAT
Complex claim defined as: an unfair dismissal claim with a hearing lasting 3 days or more	£15,000 - £25,000	£3,000 - £5,000	£18,000 - £30,000 including VAT

 

Type of claim: wrongful dismissal	Fees/Range of Fees	VAT	Total
Simple claim defined as: a wrongful dismissal claim with a hearing lasting up to one day	£5,000 – £10,000	£1,000 - £2,000	£6,000 - £12,000 including VAT
Medium claim defined as: a wrongful dismissal claim with a hearing lasting one day	£10,000 - £15,000	£2,000 – £3,000	£12,000 - £18,000 including VAT
Complex claim defined as: a wrongful dismissal claim lasting more than one day	£15,000 – £25,000	£3,000 - £5,000	£18,000 - £30,000 including VAT

Fees are based on an hourly rate of £210.00 plus VAT for an experienced person to handle the claim.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Counsel’s fees.

Counsel's fees are estimated between £1,000 and £5,000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation, which will vary case to case). We will obtain an accurate fee estimate, based on your individual case, from Counsel in advance of any hearing.

Exclusions and Factors Which May Make a Case More Complex

In the event that the issues become more complex or any unforeseen issues arise, we will make sure you are informed of this at the earliest opportunity and a clear estimate of any additional fees or disbursements will be provided.

Factors that may lead to an increase in fees or disbursements include:

• 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
• Exploring settlement and negotiating settlement throughout the process
• The conduct of your opponent or their legal representative, including but not limited to the need to make or respond to any applications to the Tribunal
• Making or defending a costs application
• Preliminary issues which may need to be determined by a Tribunal first
• The number of documents and witnesses
• If the claim relates to an automatic unfair dismissal claim e.g. if an employee claims they were dismissed after blowing the whistle on your business
• If the claim involves allegations of discrimination or other complex issues
• Liaising with any third parties such as legal expenses insurers and agreeing fees increases

Time Scales

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 and the Tribunal hearing centre where any hearing will take place.

If a settlement is reached during pre-claim conciliation, your case is likely to take up to 6-8 weeks. If your claim proceeds to a final hearing, your case is likely to take up to 9-12 months.

Key Stages

There are key stages in every Employment Tribunal claim, however some may vary according to individual circumstances. They may be as follows:

• Taking your initial instructions
• Reviewing the papers and advising you on the merits of the claim being brought against you and likely compensation an Employment Tribunal might award if the claim is successful (this is likely to be revisited throughout the matter and is subject to change)
• Advising on your engagement in pre-claim conciliation, where this is mandatory, to explore whether a settlement can be reached
• Requesting further and better particulars of the claim from the other party
• Preparing your response to the claim and submitting it to the Tribunal
• Exploring settlement and negotiating settlement throughout the process, if applicable
• Considering any Schedule of Loss and if applicable, preparing a Schedule of Loss for any counterclaim by your business
• 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 and exchanging with the other party
• Preparing bundle of documents
• Preparing and agreeing a List of Issues, a Chronology and/or Cast List
• Reviewing and advising on the other party's Witness Statements
• Drafting instructions to Counsel and liaising with Counsel
• Preparation and attendance at the final hearing
• Advising on any Tribunal judgment