Employment Tribunal Claims

EMPLOYMENT TRIBUNAL CLAIMS

(BRINGING AND DEFENDING CLAIMS FOR UNFAIR OR WRONGFUL DISMISSAL)

How much will my matter cost?

Our pricing for bringing and defending claims for unfair or wrongful dismissal is as follows*:

  • Simple case: £5,000 – £10,000 (excluding VAT)
  • Medium complexity case: £10,000 – £30,000 (excluding VAT)
  • High complexity case: £30,000 – £50,000 (excluding VAT)

We will discuss with you during our initial discussions whether your case is likely to be a simple, medium or high complexity case and whether your case is likely to exceed the above pricing ranges.  We will also discuss with you whether there are any alternative funding options, for example, legal liability insurance as part of your home and contents insurance.

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 person (i.e. individuals who are not legally represented);
  • Dealing with individuals who are acting unreasonably or vexatiously during the course of proceedings;
  • Making or defending a costs application;
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties), whether the claimant is eligible to bring the claim and/or whether there are any issues regarding the Tribunal Rules of Practice (and in particular any breaches of them);
  • Attending the Tribunal for additional hearings (not including the final hearing at which the claim is heard and dealt with) including hearings to determine compensation payable;
  • The number of witnesses and documents relating to the claim and/or defence;
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer; and
  • Allegations of discrimination which are linked to the dismissal.

There will be an additional charge for attending a Tribunal Hearing of between £800 and £1,000 per day (excluding VAT). Generally, we would allow 1-2 days depending on the complexity of your case.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

As it currently stands, there are no court fees payable to the Tribunal when bringing or defending a claim. Disbursements may include:

  • Counsel’s fees which we estimate to be between £1,000 to £2,500 per day (depending on the experience of the advocate and the complexities of the claim and/or defence) for attending a Tribunal Hearing (including preparation); and
  • Travel costs (including any costs of travelling to and from the Tribunal and to and from meetings with you, Counsel and any witnesses). Travel to and from the City of London by train is charged at between £30 and £50 per day. Travel by car is charged at the HMRC standard rates.

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;
  • Preparing the claim or defence (known as the response);
  • Reviewing and advising on the claim or response from the other party;
  • Exploring 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; and
  • Preparing and attending the Final Hearing at the Tribunal, including instructions to Counsel.

The stages set out above are an indication and if some 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.

How long will my matter take?

The time that it takes from receiving 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 to 4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take between 6 and 12 months, depending on the availability of the Tribunal and when cases are being scheduled. 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.

Who will be looking after my claim or defence?

Your claim or defence will be looked after by Claire Rainbird, an experienced Solicitor with over 16 years’ experience in employment law.  Claire’s profile can be viewed here.

*This pricing guide does not include the bringing or defending of other employment tribunal claims, including but not limited to discrimination claims.