Pricing and service information for Employment Tribunal claims:

Introduction

Thank you for visiting our website to enquire about our services. We hope you find the following price information helpful and should you require any further clarification please do not hesitate to contact one of our directors who will be happy to assist.

We offer the whole range of employment services and act for a number of large, medium and small sized businesses. On occasion we act for senior executives who are being exited from the business, but the majority of our work is for employers (including insurance backed companies).

The following information is intended to provide an indication of the potential costs you might incur should you wish to instruct us in either bringing or defending a claim for unfair dismissal or breach of contract claim in the employment tribunal. Costs will vary depending on the complexity of the case, the number of documents and witnesses involved and the level of experience of the solicitor dealing with your matter. The costs detailed below are not intended to be fixed fees.

Our approach to costs is flexible and we will always discuss options that allows us to support you in a manner that represents value and affordability. This is the concept behind our “by design” ethos.

We do not undertake work on a “no win no fee” basis but we may accept instructions from clients who have the benefit of insurance cover (typically as part of a household insurance package) and we will explore means of funding with you upon first contact.

Our expert employment lawyers

Our employment lawyers are highly regarded as experts in their field and are all passionate about client service. Between them they have over 135 years’ experience in supporting clients with employment law issues. We are rated in both legal 500 and Chambers and Partners with our Managing Director, Sue Morrison being recognised as a leader in her field.

For details of our qualified employment lawyers please refer to our team section on our website. Click here for contact details.

Understanding the types of claim

We include the following explanations wrongful dismissal and unfair dismissal (including degrees of complexity):

Wrongful dismissal – simple case

This is essentially a breach of contract claim that the employer has terminated the employee’s employment in breach of the notice provisions in the employment contract. The level of compensation is based on salary and other benefits an employee would have earned in the contractual notice period. This might include salary pension entitlement, bonus, healthcare provision, car allowance. The maximum claim in the employment tribunal is £25k.

Unfair dismissal – simple to medium complexity

In the simplest terms, unfair dismissal is when an employee’s employment contract is terminated and the employer did not have a fair reason to do so. It can also be claimed if the employer did have fair reason but handled the dismissal unfairly such as using the wrong procedure or not thoroughly investigating the case. The law protects employees against both these eventualities. To bring a claim an employee has to have a minimum of 2 years’ service.

Automatically unfair dismissal – medium to complex case

These types of cases are by far the most complex and the employee can bring a claim without being able to satisfy any qualifying period of employment. In most cases, reasons for dismissal are considered automatically unfair because they violate one or more of an employee’s statutory employment rights.

Examples where an employee could bring such a claim are numerous but include dismissals linked to:

• Asserting a Statutory Right
• Whistleblowing 
• The Right to be accompanied 
• Pregnancy, Childbirth or Maternity
• Asserting Family Rights
• flexible Working Rights 
• Part-time Employees
• Fixed-term Employees 
• Health and Safety 
• Trade Union Membership or Activities

Multiple claims- very complex cases

When we refer to multiple claims we mean claims that not only involve unfair dismissal but also include for example for wrongful dismissal and/or discrimination/victimisation and/or whistleblowing.

Where a client wishes to either bring a multiple claim or defend a multiple claim we will discuss the specifics of what is involved in respect of that particular matter and prepare a bespoke costs’ estimate for the work agreed after the initial scoping meeting.

Range of costs

In all cases the following steps will be taken on your behalf whilst conducting the 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 (the defence)
• 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 (to deal with any pretrial issues that need to be resolved)
• 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
• Negotiation/advising on settlement
• Preparation and attendance at Final Hearing, including instructions to Counsel

Simple case: Wrongful Dismissal £4000-£7000 (excluding VAT and based upon a 1 day hearing at the Employment Tribunal)*

• Drafting claim/drafting defence (including initial interview to take instructions; consider any relevant documents and advise on prospects)
• Pre-hearing preparation (dealing with any directions; preparing witness statements; bundles of documents; ongoing advice/correspondence with opponent/tribunal)
• Attending tribunal hearing

* Above estimate may change subject to extra days attendance at the Employment Tribunal. Cases vary and may require an extra day.

Simple/Medium complexity case: Unfair dismissal £7,000 – £20,000 (excluding VAT) – 1-3 day hearing at the Employment Tribunal

This type of claim usually requires more detailed discussion than a wrongful dismissal claim with initial instructions and liaison with a client requiring more time. It is also difficult to predict how much interaction will be required on your behalf in dealing with the opposing side.

Typically, these cases can last 3-4 days.

Complex/very complex case: £20,000 – £40,000 – 3-5 day hearing at the Employment Tribunal

These are cases where the claim might involve arguments of constructive unfair dismissal; automatically unfair dismissal; multiple claims involving discrimination/victimisation; claims of high value or particularly sensitive; whistleblowing; involving new areas of law.

Additional factors that could make a case more complex include:

• 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)
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
• There is more than one Claimant or Respondent

The number of variables involved in these claims make it impossible to give a precise estimate of costs especially as so much can change throughout the course of a case. We recognise the difficulty this can cause clients and so our approach towards managing the uncertainty involves:

• A thorough scoping of the information and relevant evidence at the outset so as to enable us to give informed advice on the prospects of success and undertake a cost/benefit analysis with you.
• Devise and agree a strategy with you designed to achieve your desired outcome -whether that be settlement or to defend the claim. Our advice will always be practical and pragmatic focussed on commercial reality and the requirements of your business.
• We will constantly review progress and keep prospects of success under review. You will be notified as soon as it becomes apparent that prospects have changed (whether for the better or worse).
• Monthly billing will assist in keeping the costs position clear and we will endeavour to agree a budget with you against relevant stages of the process.

Very complex cases or cases lasting for longer than a one-week hearing will require a specific quotation.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees (not applicable in the employment tribunal) and your Counsel (barrister). Travelling expenses; parking expenses would also fall within this category. We handle the payment of the disbursements on your behalf to ensure a smoother process and will bill them to you on a monthly basis with our monthly account.

Counsel’s fees estimated between £750 to £2000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation). This is in addition to our fees for attendance (although in cases which are simple and straight forward it may not be necessary for us to attend). We will always discuss with you what you require.

Can I recover my legal costs for the other side if I win?

In the Employment Tribunal there is no automatic right to be paid your legal costs by the losing party. The general rule is that each party bears its own costs.  Your costs can be recovered in limited circumstances and we will always advise you if it is appropriate. 

Key stages

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 matter 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 2-3 weeks. If your claim proceeds to a Final Hearing, your case is likely to take between 6 – 18 months. 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.

Please do get in touch

We have tried to set out as much information as we can to assist you in understanding what costs you might incur in using our services to support your claim or defence. Each case is different and the indications above are simply guidelines. We would encourage you to call us without obligation if you need assistance and we will be able to give you more informed information tailored to your specific needs.