Employment Tribunal Claims

Our fees

There are a number of costs involved in a Tribunal claim for unfair or wrongful dismissal and the costs will vary depending upon the complexity of the case.

For a straightforward claim our fees would likely range between £7,000 to £8,000 plus VAT.

For more complex claims our fees would likely be in the region of £11,000 to £12,000 plus VAT. There are a number of factors that can contributing to making unfair or wrongful dismissal claims more complex and these can be factors such as;

• Any allegations of discrimination which are linked to the dismissal. The greater the number of discrimination allegations the more complex the case is likely to be and therefore the greater the costs will likely be.
• Whether there are any complex initial issues that need to be resolved, for example if there is a disability discrimination claim, whether the claimant is in fact disabled (if that issue has not already been agreed by the parties).
• If the dismissal in question was an automatically unfair dismissal, e.g. if the dismissal was due to whistleblowing or enforcing a statutory right etc.
• If the case involves defending a claim brought by a litigant in person.
• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
• Whether the case involves making or defending a costs application.
• The number of witnesses or documents involved in the case.

Key stages

The fees set out above are a general guide as to our fees, however the totality of our fees will depend upon the amount of we work we will have to undertake in relation to your case. Our fees will cover all the key stages of the case including;

• Taking instructions, reviewing any relevant documentation and advising you as to the merits of your case and any likely compensation that may be awarded.
• Entering into pre-claim conciliation where it is required to explore whether the matter can be settled.
• Preparing the claim or the response to a claim.
• Reviewing and advising on the claim or response received from the other party.
• Exploring any settlement options and negotiating a settlement throughout the duration of the case.
• Preparing or considering a schedule of loss.
• Preparing for and attending a preliminary hearing.
• Exchanging documents with the other party and agreed the bundle of documents to be used at the hearing.
• Drafting witness statement and agreeing the contents of them with the witnesses.
• Preparing the bundle of documents.
• Reviewing and advising on the other party’s witness statements.
• Agreeing a list of issues.
• Preparation for the Final Hearing including preparing instructions for Counsel.

The stages set out above are a general overview of the work involved in preparing to bring or defend an unfair or wrongful dismissal claim, however not all of the stages are relevant to all claims. This is just to give you a general overview of the work we will undertake in relation to your case.

Further to our fees mentioned above there will also be additional charge for your representative’s attendance at the Tribunal Hearing. This will be charged at your representative’s hourly rate.

Disbursements

You will also be responsible for paying the disbursements associated with your case. Disbursements are costs that are payable to third parties in relation to your matter such as court fees and expert evidence where it is required etc. We will let you know at the outset of your case what disbursements you’re are likely to incur and the likely costs of them.

Furthermore, you would also be responsible for paying Counsel’s fees. Counsel is the Barrister who would be representing you at the Tribunal Hearing. Counsel’s fees will vary depending upon the experience of the barrister that you instruct however their fees are likely to be in the region of £2,000 plus VAT for the first day of the hearing and £1,500 for any subsequent days.

Timescales

The time that it will take from us receiving your initial instructions to completion of your case will largely depend at which stage your case is resolved. If you are able to reach a settlement before the claim is issued then your case may resolve with a few months. However, if your claim proceeds to a Final Hearing you case could last for up to one year. Please note that this is just an estimate and we will be able to give you more accurate information regarding timescale as the case progresses.

Your Representatives

Our fees will be calculated on a time spent basis in regards to the time your representative spends on your case. The representatives in our Employment team who will likely be working on your case are;