Employment Tribunal Legal Fees and Costs
Our pricing for bringing and defending claims for unfair or wrongful dismissal, to include attendance at hearings if required:
Simple case: £4,000-£8,000 (excluding VAT at 20%)
Medium complexity case: £8,000-£14,000 (excluding VAT at 20%)
High complexity case: £15,000-£30,000 (excluding VAT at 20%)
The above range of costs is based on hourly charge out rates which vary between £200.00 per hour plus VAT at 20% and £270.00 per hour plus VAT at 20%, dependent upon the seniority of the team member working on the case. This hourly rate does not include possible disbursements – see below.
Factors that could make a case more complex
- 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 persons
- Making or defending a costs application
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal
Disbursements are costs related to your matter that are payable to third parties. We handle payment of the disbursements on your behalf to ensure a smoother process.
If Counsel is instructed to represent you at the hearing, this will be a “disbursement”. Counsel’s fees estimated between £600 to £1,250 plus VAT at 20% per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)
The fees set out above cover all of the work in relation to the following key stages of a claim:
- 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 claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- 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
- Reviewing and advising on the other party’s witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel
- The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs
Other Funding Options
There may be other funding options available, such as cover under a Legal Expenses Insurance policy or we may consider entering into a Damages Based Agreement with you. These options will be discussed with you at your first appointment.
In some cases, we may consider entering into a Damages Based Agreement (DBA) with you. In order to consider this, we will have to assess the viability of your case before agreeing to accept it. We will have to assess the prospects of your case being successful and the potential value of your claim before agreeing to accept it. This initial assessment will typically take between 2-3 hours, and depending on the complexity of your case, could be conducted free of charge (although we reserve the right to charge up to £750 excluding VAT at 20% for particularly complex cases).
You will be required to pay us a percentage of any settlement received or award made in your favour if the claim is settled or if you are successful, as per the terms of the DBA.
Whether your claim is settled or is ultimately successful or not, under the terms of the DBA you will still be responsible for the payment of the following if incurred in connection with your case:
- Counsel’s Fees
- Expert’s Fees
- Our expenses incurred in pursuing the claim, ie travelling to meetings with Barristers or experts, attending Tribunal hearings
- Costs orders made against you by the Tribunal
- Should you terminate the DBA prior to the conclusion of your claim either before the Tribunal or through settlement.
- If we terminate the DBA because we consider that you have not behaved reasonably, for example, by failing to accept our advice on your prospects of success and/or whether any offer of settlement should be accepted.
How long will my matter take?
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. If a settlement is reached during pre-claim conciliation, your case is likely to take 2-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26-52 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
For details of our specialist Employment Team, see here