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THE LEGAL EXPERTS FOR YOU AND YOUR BUSINESS

Employment Tribunal Fees for Individuals (claims for unfair or wrongful dismissal)

Price Transparency Employment Tribunal Fees

For you

We have set out below our pricing range for bringing claims for unfair or wrongful dismissal. Please note that the pricing does not cover any other type of claim, such as a discrimination claim, which you might need to bring.

Costs up to hearing

We cannot give a definitive cost for this work as it will depend on the complexity of the claim(s) that are being brought by you. However, we have set out below a pricing range which shows you our charges for dealing with a claim from start up to (but not including) hearing according to its complexity:

  • Simple Case: £4,500 to £6,000 plus VAT, considering approximately 15 to 20 hours work.
  • Medium Complexity Case: £6,000 to £9,000 plus VAT, considering approximately 20 to 30 hours work.
  • High Complexity Case: £9,000 to £18,000 plus VAT, considering approximately 30 to 60 hours work.

The above charges are based on an hourly rate of £300 plus VAT. VAT will be charged at the standard rate, details of which can be found here

Fixed fee

We may provide you with a fixed fee in specific situations for example dependent upon the merits and, complexities of the case and the likelihood of settlement. Prices range from £2,000 to £10,000 plus VAT exclusive of barrister’s fees.

Damages-based agreement

We may provide you with a damages-based agreement (‘No Win, No Fee’). The offer of a damages based agreement will only be made if the merits of your claim have been assessed and it is commercially viable to offer the agreement taking into consideration the merits and value of your claim and the amount of work required in running the claim. A deduction of 35% inclusive of VAT will be made against the value of any successful or settled claim towards our legal fees. If you lose you do not pay anything towards our legal fees. Please note that the damages-based agreement does not cover the cost of a barrister representing you at the Tribunal hearing (see additional costs and disbursements below). You will have to cover the barrister’s costs should your claim not settle, and a barrister represents you at the Tribunal hearing.

Legal expenses insurance 

If you have legal expenses insurance and your insurers appoint us to represent you all the work may be funded on an agreed hourly rate, however, you may be asked to pay an additional amount on top of the contribution being paid by your insurers if the contribution offered by your insurers is not at a rate agreed with us or if the terms of your policy are only to pay a percentage of fees charged. It is usual for your barrister’s fees to be covered by your insurers, subject always to the terms of your policy.

Complexity

Factors that could make a case more complex:

  • If it is necessary to make or dispute a request to amend your claim or provide further information about an existing claim
  • Making or defending a costs application
  • Dealing with complex issues before the tribunal hearing such as whether you are an employee (if this is in dispute) or whether the claim has been issued in time
  • The number of witnesses and documents. The greater the number of witnesses and the larger the amount of the documents, the more complex the claim
  • If it is an automatic unfair dismissal claim, e.g., if you were dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to your dismissal

There will be an additional charge if you would like us to attend the tribunal hearing of £1,000 plus VAT per day. Generally, we would allow 1 to 3 days attendance depending on the complexity of your claim.

Additional costs and disbursements 

Disbursements are necessary costs related to your matter that are payable to third parties, which we handle on your behalf. A barrister will be instructed to represent you at the tribunal hearing. Barristers are lawyers who specialise in representation at hearings. When a barrister is instructed to represent you at the tribunal hearings there will be an additional cost (Counsel’s fees). Counsel’s fees for an unfair dismissal or wrongful dismissal claim are typically estimated between £1,500 to £3,000 per day plus VAT depending on the number of years’ experience of the barrister. This cost covers the barrister’s preparation time and attendance at the tribunal hearing.

Key stages 

The fees set out above cover all work in relation to the following key stages of a claim:

  • Taking your initial instructions, reviewing the papers, and advising you on the merits of your claim against the business. The likely compensation the business may be asked to pay you should your claim be successful. (Advising you on the merits and the likely compensation you may receive are both likely to be revisited throughout the matter and are both subject to change)
  • Entering pre-claim conciliation where this is required to explore whether a settlement can be reached
  • Reviewing and advising on any issues arising out of the other party’s response to your claim
  • Exploring and negotiating settlement throughout the process
  • Considering details of your losses and collating and drafting those losses into a schedule
  • Preparing for and attending any hearings which are needed to resolve issues prior to the main tribunal hearing (these are called ‘Preliminary Hearings’)
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting witness statements, and agreeing their content with witnesses
  • Preparing an agreed bundle of documents for use at the tribunal hearing
  • Reviewing and advising you on the other party’s witness statements
  • Agreeing a list of issues, a chronology and or a cast list for use at the tribunal hearing
  • Preparation for and attendance at the final hearing, including instructing a barrister

How long will my matter take?

The time 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 prior to the other party having to file a response, or shortly after filing the other party file their response, your case is likely to take 6 to 12 weeks. If your case proceeds all the way to a final tribunal hearing, your case is likely to take around 6 to 9 months but may be longer depending on how quickly the tribunal can find a date for the hearing. This is 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.

Please click here for further details of the experience and qualifications of the individual(s) who may work on your case. All matters are supervised by David McBride, Head of Department.