Employment - Businesses: 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 tribunal hearing a simple case should be in the region of £40,000 - £50,000 excluding VAT.  A case of medium complexity will be in the range of £50,000 to £80,000 excluding VAT.  A high-complexity case will be in the region of £100,000 to £200,000 excluding VAT.

Factors that could make the matter more complex are: 

• The basis on which the dismissal is disputed

• The extent to which it is necessary to defend proceedings

• Defending claims that are brought by litigants in person

• If it is necessary to make or defend 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

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

• Whether it is necessary to instruct an expert

• Whether a preliminary hearing is needed 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.

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 £250 to £750 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 our partners and staff and be found in the People section of our website. You can also Meet the team on our Employment Page on our website. 

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.

The key stages and work will involve the following, where you are defending a claim of unfair dismissal or wrongful dismissal and it is necessary to defend the claim up to and including the tribunal hearing.

• Taking your initial instructions, reviewing the papers and advising you on the merits of your defence and the individual’s claim (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.

• Reviewing the claim form.

• Preparing the defence and grounds of resistance.

• Identifying whether there are any grounds for requesting a preliminary hearing e.g. if there are jurisdictional issues which could bring the claim to an end.

• Preparing for and attending a Preliminary Hearing.

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

• Preparing for a case management hearing which decides what directions to make

• Preparing or considering a schedule of loss.

• Exchanging documents with the other party and agreeing a bundle of documents.

• Taking witness statements, drafting witness statements and agreeing their content with witnesses.

• Preparing bundle of documents.

• Reviewing and advising on other party’s witness statements

• 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. 

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 wrongful dismissal claim.