Employment - Individuals: Employment Tribunal Claims Pricing Information

The range of costs for a claim for unfair and/or wrongful dismissal will vary depending on the complexity of the matter. On the assumption that the claim proceeds to a final hearing a simple case should be in the region of £50,000 to £65,000 excluding VAT. A case of medium complexity will be in the range of £80,000 to £130,000 excluding VAT. A high-complexity case will be in the region of £150,000 to £230,000 excluding VAT. Factors that could make the matter more complex include: 

• The extent to which the employer defends proceedings

• If it is necessary to make applications to amend or to provide further information about an existing claim

• Making or defending a costs application

• The level of disclosure and evidence required, including the volume of documents and the number of witnesses

• Whether it is necessary to instruct an expert

• Whether there is a preliminary hearing to determine jurisdictional issues e.g. whether a claim is in time or employment status or whether the claimant is disabled (if this is not agreed by the parties)

• Where the claim is not straightforward and involves an automatically unfair reason e.g. whistleblowing or TUPE or allegations of discrimination linked to the dismissal.

• The number of days which are allocated for the tribunal hearing

• The extent to which enforcement is necessary.

It is difficult to give you a reliable estimate of the costs of us acting for you.  However, if there are unexpected complications we always inform our client immediately and would discuss the potential consequences, and likely impact on our fees, before they are incurred.

Our hourly rates range, depending on who is working on the matter, from £285 to £850 plus VAT. 

We have an Employment team with a wealth of experience and who will work with you to deliver solutions that are commercial and right for your business. 

All matters are partner/solicitor led and supervised and we resource matters appropriately making use of trainee solicitor, associate, senior associate and legal director support where appropriate.

Details of the team can be found on our website here.

Disbursements are costs related to your matter that are payable to third parties.  Tribunal fees are no longer payable.  Barristers’ fees are the most likely disbursements for this type of matter.  We handle the payment of the disbursements on your behalf to ensure a smoother process.  The amount of the barrister’s fees will also depend on the complexity of the case and the seniority of the barrister and what they are instructed to do for example, the fees for a junior barrister will be in the region of £400 - £600 per hour plus VAT for advice and a fee of £3,000 - £5,000 plus VAT per day in tribunal/court.  A senior barrister will be in the region of £800 - £1,000 per hour plus VAT for advice on a case and a fee of £8,000 - £10,000 plus VAT per day in tribunal/court. We would give you an estimate of this before instructing them on your behalf. 

All fees and most disbursements attract VAT at the rate from time to time in force. Currently 20%.

The key stages and work will involve the following, where you are bringing a claim of unfair dismissal and/or wrongful dismissal up to and including the tribunal hearing.

• 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 the claim

• Exploring whether settlement can be reached and negotiating settlement  through ACAS or directly with the employer and/or their solicitor

• Reviewing the employer’s defence and advising you on the merits of their defence (this is likely to be revisited throughout the matter and subject to change).

• 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

• Preparing a case management agenda and attending a hearing (if appropriate) which sets out the list of issues, directions and including likely length of any hearing.

• Reviewing and advising on the other party’s witness statements and documents

• Agreeing a list of issues, a chronology and/or cast list.

• Preparation for and attendance at the tribunal hearing including instructions to Counsel and where appropriate a conference with Counsel prior to the tribunal hearing

• Reviewing tribunal decision on liability and any consequences e.g. preparation for remedies hearing and enforcement action where necessary or whether there is scope for an appeal where appropriate.

It is difficult to give a time estimate for the matter. 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. A matter can take a few weeks if settlement is reached during pre-claim conciliation. If the claim proceeds to a final hearing, it could take up to a year or more. The timescales will also depend on, among other things, the complexity of the matter, whether there are any preliminary issues to be resolved, how many days the hearing is listed for, how quickly the particular Tribunal lists the case for a hearing, and on how quickly the other side responds to requests for information.

It is very unlikely that a conditional fee or damages-based agreement would be relevant or appropriate for an unfair dismissal or a wrongful dismissal claim.