Guide To Employment Tribunal Costs

We are always happy to let you have a “no obligation” quote based on your specific requirements. Please contact us at tf@bbelaw.co.uk and we will come back to you. Alternatively, please call us on 01253 362500 and ask to speak to Tim Fielding to discuss your requirements.

Our pricing for bringing and defending claims for unfair or wrongful dismissal

• Simple case: (e.g breach of contract) average fee £3,500 plus vat at 20% (£700) This includes an allowance of £750 plus VAT at 20% for the instruction of a barrister as an alternative to solicitor representation on the assumption that no separate attendance is required from one of our solicitors.
• Medium complexity case: (e.g unfair dismissal claim listed for one day) average fee £6,500 plus vat at 20% (£1,300). This includes an allowance of £1,500 plus VAT at 20% for the instruction of a barrister on the assumption that no separate attendance is required from one of our solicitors.
• High complexity case: (e.g. discrimination claim or unfair dismissal hearing listed for two days) average fee £10,000 plus vat at 20% (£2,000). This includes an allowance of £3,500 plus VAT at 20% for the instruction of a barrister on the assumption that no separate attendance is required from one of our solicitors.

Factors that could make a case more complex:

1. If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
2. Defending claims that are brought by litigants in person
3. Making or defending a costs application
4. Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
5. The number of witnesses and documents
6. If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
7. Allegations of discrimination which are linked to the dismissal

Disbursements

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

The fees of an independent barrister for advising on a matter and attending a Tribunal Hearing (including preparation) can be a significant expense, which will vary depending on the experience of the barrister, the complexity of the case, and the hearing length. Fees for a barrister to attend a one-day hearing, in most cases, fall within the range of £1,000 to £2,500 plus vat at 20%. Ordinarily if a barrister is to be instructed to represent you at the final hearing there will be no need for any attendance from one of our solicitors. If so additional costs may apply.

At the moment, you don’t have to pay any fees to make an Employment Tribunal claim. However, if you lose an employment tribunal claim, there’s a small chance you may have to pay the employer’s costs of going to court.

You may also have to obtain a pension forecast from an expert, the cost of which will be between £1,500 to £2,500 plus vat at 20%

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 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 the Brief 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.

How long will my case 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 up to 6 weeks from the commencement of the conciliation process. If your claim proceeds to a Final Hearing, your case could take between 6 and 12 months, depending on the Tribunal timetables. Most unfair dismissal and wrongful dismissal cases which do not involve claims for whistleblowing or discrimination are heard by the Tribunal within 6 to 9 months. This is just an estimate and will depend on your particular case, and the Tribunal in which it is brought. We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.