The cost of pursuing an Employment Tribunal claim will naturally be an important consideration when deciding whether or not to pursue legal action against your employer. You may have insurance cover in place or you may need to pay personally. We will explore the various funding options with you to help you decide the best way forward.
It is of course helpful to have an idea of what the costs may look like. We have therefore set out a helpful estimate of fees and timescales for a typical Employment Tribunal case for unfair or wrongful dismissal where you are the claimant. These estimates do not take into account any complicating factors such as:
- Preliminary issues and hearings such as restricted reporting orders and disability;
- Costs applications;
- Where other claims are linked to the unfair or wrongful dismissal, such as discrimination or whistleblowing.
Our charges are normally based on hourly rate fees which vary depending on the level of experience of the practitioner handling your case; please see the table below. In some cases we may agree fixed costs for certain stages of the process, either at the start of the case or as it progresses. Again, this is something we can discuss with you.
| Partner |
£330 plus VAT at 20% |
| Senior Associate |
£285 plus VAT at 20% |
| Associate |
£185 plus VAT at 20% |
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Click here to see a profile of each member of our team, including their experience and expertise.
IF YOU ARE CLAIMING UNFAIR DISMISSAL:
Typical stages of a Tribunal case, and an indication of our fees at each stage, are shown below. The stages are based on the standard list of directions usually set by the Tribunal. More or less work may be required depending on the nature of the case and its surrounding circumstances.
1.Initial Review and Advice on Prospects: £185 – £750 plus VAT at 20%
We will discuss your circumstances, review your documents, identify the potential claims and advise you on your prospects of success and likely compensation. We will start the ACAS Early Conciliation on your behalf (a necessary step before you are allowed to submit your claim). This work will take approximately 30 minute to 2.5
2.Drafting and submitting Claim Form: £750 – £2,000 plus VAT at 20%
We can normally complete the drafting and submission of the claim form within a few days, but be aware that your claim must be submitted within three months of the dismissal (taking into account any ACAS conciliation). This work will take approximately 2.5 to 6 hours.
3.Preparing Schedule of Loss, and collating associated remedy evidence: £750 – £1,750 plus VAT at 20%
This is normally required by the Tribunal within three months from the submission of the claim, and we can usually complete it within one or two days. This work will take approximately 2.5 to 5 hours.
4.Compiling Schedule of Documents and dealing with disclosure: £950 – £2,500 plus VAT at 20%
This stage, together with witness statement preparation, is likely to take between one and two weeks and is usually required within 4-6 months of the claim submission. This work will take approximately 3 to 8 hours.
5.Drafting witness statements: £1,750 – £3,500 plus VAT at 20% per statement
This assumes production of witness evidence appropriate to a standard one-day Tribunal case. This work will take approximately 5 to 10 hours.
6.Attendance at the Hearing: £1,250 plus VAT at 20% per day
We would normally instruct Counsel to undertake the advocacy and their fees are additional to our own fees and will depend on the seniority and experience of the barrister. This work will take approximately 4 hours.
7.Other work may arise during the course of an Employment Tribunal claim, including:
- Drafting a COT3 in the event of settlement prior to the hearing: £600 plus VAT at 20%. This work will take approximately 2 hours.
- Negotiating settlement, instructions to counsel, conferences with counsel, dealing with correspondence from the Tribunal and Respondent. This would be charged on our hourly rates and may amount to around £5,000 to £7,500 plus VAT at 20%. This work will take approximately 15 to 22 hours.
- Preparing a list of issues, chronology and cast list £330 to £660 plus VAT at 20% for each. This work will take approximately 1 to 2 hours.
Total estimated costs for unfair dismissal
Our total fees for a typical one day unfair dismissal hearing, proceeding as we have outlined above, are therefore likely to range from £10,500-£15,000 plus VAT at 20%, with average costs falling within the middle of this range. Counsel’s fees would be in addition.
Employment Tribunal cases do not usually incur disbursements (fees for services provided by third parties in connection with a legal matter) other than Counsel’s fees.
Timescales
We have no control over the listing of the case (the scheduling of a date and location for the hearing), which is in the hands of the Tribunal Service. We would normally expect it to be listed around 9 -12 months after the claim submission.
IF YOU ARE CLAIMING NOTICE PAY (A WRONGFUL DISMISSAL CLAIM)
Typical stages of a Tribunal case, and an indication of our fees at each stage, are shown below. The stages are based on the standard list of directions usually set by the Tribunal. More or less work may be required depending on the nature of the case and its surrounding circumstances.
1.Initial Review and Advice on Prospects: £185 – £750 plus VAT at 20%
We will discuss your circumstances, review your documents, identify the potential claims and advise you on your prospects of success and likely compensation. We will start the ACAS Early Conciliation on your behalf (a necessary step before you are allowed to submit your claim). This work will take approximately 30 minutes to 2.5 hours.
2.Drafting and submitting Claim Form: £750 – £1,000 plus VAT at 20%
We can normally complete the drafting and submission of the claim form within a few days, but be aware that your claim must be submitted within three months of the dismissal (taking into account any ACAS conciliation). This work will take approximately 2.5 to 3 hours.
3.Preparing Schedule of Loss, and collating associated remedy evidence: £330 plus VAT at 20%
This is normally required by the Tribunal within three months from the submission of the claim, and we can usually complete it within one or two days. This work will take approximately 1 hour.
4.Compiling Schedule of Documents and dealing with disclosure: £750 – £1,750 plus VAT at 20%
This stage, together with witness statement preparation, is likely to take between one and two weeks and is usually required within 4-6 months of the claim submission. This work will take approximately 2.5 to 5 hours.
5.Drafting witness statements: £1,500 – £2,500 plus VAT at 20% per statement
This assumes production of witness evidence appropriate to a standard one-day Tribunal case. This work will take approximately 4.5 to 8 hours.
6.Attendance at the Hearing: £1,250 plus VAT at 20% per day
We would normally instruct Counsel to undertake the advocacy and their fees are additional to our own fees and will depend on the seniority and experience of the barrister. This work will take approximately 4 hours.
7.Other work may arise during the course of an Employment Tribunal claim, including:
- Drafting a COT3 in the event of settlement prior to the hearing: £600 plus VAT at 20%. This work will take approximately 2 hours.
- Negotiating settlement, instructions to counsel, dealing with correspondence from the Tribunal and Respondent. This would be charged on our hourly rates and may amount to around £1,000 to £3,500 plus VAT at 20%. This work will take approximately 3 to 10 hours.
- Preparing a list of issues – £330 plus VAT at 20%. This work will take approximately 1 to 2 hours.
Total estimated costs for wrongful dismissal
Our total fees for a typical one day wrongful dismissal hearing, proceeding as we have outlined above, are therefore likely to range from £5,000-£10,000 plus VAT at 20%, with average costs falling within the middle of this range. Counsel’s fees would be in addition.
Employment Tribunal cases do not usually incur disbursements (fees for services provided by third parties in connection with a legal matter) other than Counsel’s fees.
Timescales
We have no control over the listing of the case (the scheduling of a date and location for the hearing), which is in the hands of the Tribunal Service. We would normally expect it to be listed around 9 -12 months after the claim submission.
