Employment Tribunals Pricing – wrongful or unfair dismissal claims

The majority of clients for whom we act in Employment Tribunals are Claimants i.e. Employees. It is always difficult to provide a cost estimate at the outset because there are many variables.

If you decide to instruct this Firm, we will provide you with a cost-estimate at the outset. As a general rule, we charge on a time-spent basis. The average hourly rate is £200 plus VAT. We do not offer initial free consultations or ‘No Win No Fee’ Agreements.

You may wish to establish at the outset whether you have legal expenses insurance to fund the cost of bringing/defending a claim.

The following provides a general idea of our costs:
Simple case: £10,000 – £15,000 plus VAT
Medium complexity: £15,000 – £30,000 plus VAT
High complex case: £30,000 – £75,000 plus VAT

Complexity
Factors that can make a case more complex include:-

• Pursuing a claim against an Employer who is not legally represented
• Complex preliminary issues such as determining employment status
• The number of documents that are being relied upon
• The number of witnesses
• Allegations of discrimination which are linked to a dismissal

Key Stages
The following stages are an indication of the common stages of an unfair or wrongful dismissal claim. A case may not always involve all of these stages or may involve additional stages.

• Taking initial instructions, reviewing the paperwork and providing advice on the merits and value of your claim. Such advice will be updated during the proceedings
• Initiating the early-conciliation process via ACAS
• Drafting claim form / response and submitting the same to the Employment Tribunal
• Reviewing and advising on the claim/response received from the opponent
• Preparing/considering a Schedule of Loss
• Exploring settlement options and entering into negotiations with the opponent
• Exchanging documents with the opponent and agreeing a bundle of documents
• Preparing witness statements
• Exchanging witness statements and taking instructions on the witness statements received
• Instructing any expert witness, reviewing their reports, and submitting written questions to any experts
• Agreeing a list of issues, a chronology and/or cast list
• Preparing for and attending a Final Hearing, including where appropriate, instructions to Counsel
• Advising on remedies, preparing for and attending any Remedies Hearing

VAT
VAT is charged at the current prevailing rate of 20%.

Disbursements
Disbursements are costs related to your matter that are payable to third parties such as Court fees and the cost to instruct Counsel. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees for advising on a matter and attending a hearing at the Employment Tribunal can be a significant expense which will vary depending on Counsel’s experience, the complexity of the case and the length of the hearing. Counsel’s fees to prepare for and attend a one-day hearing tend to fall within the range of £2,000 to £5,000 plus VAT. Counsel’s fees are determined by Counsel and not by us.

Timescales
The time that it takes from taking your initial instructions to conclusion of the matter depends largely on when your case is resolved. If a settlement is reached during the ACAS early-conciliation stage, your case is likely to take a couple of months. If your claim proceeds to a Final Hearing, your case is likely to take 6 to 12 months and to a large extent is determined by the availability at the Employment Tribunal. This is just an estimate. You will be provided with more accurate information as the matter progresses.