Employment Tribunals

Our Employment team, lead by the head of department Nicola Tager, are able to bring and defend all employment related claims, including both contractual and statutory based claims.

Under our professional conduct rules we are required to provide information to prospective clients concerning cost information for certain employment tribunal claims. This note provides a summary of the likely range of fees at various stages. We will of course discuss the likely costs of any claim, whether brought for you or against you, in detail as part of our initial process of taking instructions. The guide below however should provide a broad introduction to the likely costs of certain employment tribunal claims.

Employment Tribunal Claims

Our pricing for bringing or defending claims for unfair or wrongful dismissal raised by an employee against an employer at the employment tribunal:

Simple case: £20,000 -30,000 (excluding VAT, charged at 20%) (where the hearing is unlikely to last more than one day)

Medium complexity case: £30,000 -50,000 (excluding VAT, charged at 20%)

High complexity case: £50,000 -150,000 (excluding VAT, charged at 20%)

Some examples of 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
• 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
• TUPE
• Allegations of discrimination which are linked to the dismissal

The figures above are not quotes but a realistic estimate based upon our experience of simple unfair dismissal and breach of contract claims.

In our experience claims involving discrimination or other more complex statutory rights, or claims involving allegations of whistleblowing (also known as protected disclosures), are often much more complicated and therefore more expensive to bring or defend. The figures above do not apply to claims of discrimination. Such cases can be complex and we will provide a clear estimate of our fees for dealing with such a case.

There will be an additional charge for attending a Tribunal Hearing of between £2,000 -£5,000 per day (excluding VAT, charged at 20%) depending upon who is present from our team and the time engaged. Generally, we would allow a minimum of half a day for a very simple claim to upwards of 10 days for a very long or complex matter. Ultimately, the length of time will depend very much on the complexity of your case.

Whilst these figures are intended to be a useful guide, each claim is inevitably fact specific and we will only be able to give you a more accurate cost for bringing or defending any employment claim once we have full details of the case and all the surrounding circumstances. One of our team will go through all of this with you in detail at an early stage of our being instructed to represent you.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process although we will usually expect these to be covered by you before they are paid. Employment Tribunals do not currently charge fees for bringing or defending claims, but they may have courier or copying charges (for example, for preparing bundles of documents for the hearing).

Counsel’s fees estimated between £3,000 to £15,000 per day (depending on experience) for attending a Tribunal Hearing (including preparation). The barrister may also be asked to advise in a meeting with you before the hearing.

In some cases we may need to obtain evidence from an expert such as a medical specialist and you will be charged for their fees.

Key Stages

• 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 with ACAS (the Advisory and Conciliation Service) where this is mandatory to explore whether a settlement can be reached;
• Preparing the claim or response. This will involve detailing what has happened and completing employment tribunal forms;
• Reviewing and advising on the claim or response from other party;
• Organising and instructing a barrister;
• Preparing or considering a schedule of loss;
• Preparing for (and attending) a Preliminary Hearing;
• Preparing for (and attending) a case management hearing;
• Exchanging documents with the other party and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses;
• Dealing with settlement discussions which take place;
• Preparing the 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
• Preparation and attendance at Final Hearing, including instructions 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 matter take?

An employment tribunal claim will typically take between four to 12 months to conclude. Some employment tribunals may take longer. 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.