Employment Tribunal Pricing

The Costs of an Employment Tribunal will vary depending upon the complexity of the claim, and we will explain the likely steps in your case and keep you regularly updated on the issue of costs. The prices on this page show prices exclude VAT and including VAT.

We employ lawyers with different levels of experience and qualifications, the details of solicitor/s that will be working on your case, and their rates will be set out in our engagement letter.

For transparency and the avoidance of any doubt, our fees are below:

Charges per hour

• 10+ years qualified solicitors
• £295 plus VAT: £354 inc VAT
• 5+ years qualified solicitors
• £215 plus VAT: £258 inc VAT
• Newly qualified solicitors
• £175 plus VAT: £210 inc VAT
• Trainee Solicitors
• £118 plus VAT: £141.60 inc VAT
• Paralegals
• £90 plus VAT: £108 inc VAT

Pricing for bringing and defending claims for unfair or wrongful dismissal

Simple case, settlement pre-Tribunal proceedings: up to £2,500 plus VAT: £3000 inc VAT

Simple case, to a final hearing at Tribunal: £7,500-£10,000 plus VAT: £9,000-£12,000 inc VAT

Medium complexity case, to a final hearing at Tribunal: £10,000-£15,000 plus VAT: £12,000-£18,000 inc VAT

High complexity case, to a final hearing at Tribunal: £15,000-£20,000 plus VAT: £18,000-£24,000 inc VAT

Additional factors could make a case more complicated and result in increased costs, below a list, but not an exhaustive list, of some of these factors.

• 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 person
• Making or defending a costs application
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• Preliminary issues such as whether the claimant has an employee status and/or worker status.
• The number of witnesses and documents
• Where the legitimacy of documents are brought into question and/or investigation is required to establish the native format of electronic documents
• Where witness summons applications are required or supplemental statements are necessary
• Where unexpected witnesses and/or documents are introduced in a late stage of the proceedings
• Where transcription of documents (e.g. Audio files) is required
• 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
• Allegations where third parties to the proceedings are involved (e.g. The police, former employers, former employees etc)
• Level of co-operation between the parties throughout the matter
• Delays with the Employment Tribunal processing documents and/or listing matter for final hearing
• Whether early settlement/negotiations can be achieved between the parties

The above is not an exhaustive list of matters that may arise and each case is unique.

There will be an additional charge for attending a Tribunal Hearing per day (based on 6 hours attendance, i.e. 10 am – 4 pm) at the daily rates below.

• 10+ years qualified solicitor £1770 plus VAT: £2,124 inc VAT
• 5+ years qualified solicitor £1290 plus VAT: £1548 inc VAT
• A Trainee Solicitor £708 plus VAT: £849.60 inc VAT
• A Paralegal £540 plus VAT: £648 inc VAT

Generally, we would allow 1-2 days for a Tribunal hearing depending on the complexity of your case. However, factors that could affect the length of the final hearing are number of witnesses, number of documents and/or any preliminary issues to be dealt with before the main hearing.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees and barristers fees, also known as Counsel’s fees.

We will invoice you directly for these costs following which, we will then handle the payment of the disbursements on your behalf to ensure a smoother process.

As of July 2017, Employment Tribunal fees were ruled to be unlawful, and therefore there is no longer a requirement to pay a court fee when you issue a claim at the Tribunal. This also means there is no court fee in relation to making applications, listing the claim for a final hearing or making an appeal to the Employment Appeal Tribunal.

A barrister will be the advocate at your hearing. This means that they will be your legal representative in front of the Judge at the hearing. Dependent upon the experience of the barrister, the fees are estimated between £1250 – £2000 plus VAT: £1500-£2400 inc VAT for attending a Tribunal Hearing (including preparation). This is known as a brief fee. Should the hearing be listed for more than 1 day, Counsel will charge a ‘refresher fee’ on top of the brief fee which is estimated between £500 to £1000 plus VAT: £600 to £1200 inc VAT, depending on the experience of the barrister.

Your barrister may also be involved in earlier stages of the proceedings such as drafting your statement of the case, i.e. the claim form outlining your case and the nature of the dispute (known as the ET1) or the response form when a claim has been made against you (known as the ET3). Fees are estimated in the region of £350 – £500 plus VAT: £420-£600 inc VAT for this again, dependent upon the experience of your barrister.

Other factors to consider that may affect the costs incurred by you are whether conference with Counsel will be required prior to the hearing (e.g. telephone call or a face to face meeting) or if we are required to seek Counsel’s opinion on an issue in the case or prospects of success guidance.

Key Stages

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. This is usually through a service called ACAS;
• Preparing claim or response
• Reviewing and advising on claim or response from another 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 on a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses preparing the bundle of documents (this is usually a task undertaken by the Employer who is usually the Respondent)
• Reviewing and advising on the other party’s witness statements
• Agreeing on 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 the 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.

Generally, costs are not recoverable at the Employment Tribunal and therefore, we always ask you to check whether you have any suitable legal protection insurance to assist you with the funding of your claim and we would ask that you check through, for example, any home insurance or car insurance policy you may have carefully to see if you are covered.

It may also be possible to discuss the possibility of entering into a Damages-Based Agreement or Conditional Fee Agreement in relation to the collection of our costs. It’s important to note that this would not cover Disbursements unless the third party being paid agreed to such an arrangement separately. We will discuss these options with you should we feel they may be appropriate.