Employment Tribunal

Important note

The information given here is based on our experience and may not apply to any specific case, in which individual advice will be given. The possible costs set out below relate only to cases where we agree with you that you will pay our fees under the “traditional” method, that is, we send you periodic bills which you then pay. We may ask you to make payments on account. This may be suitable in some circumstances.

Free And Limited Cost Representation

It may be though that our services will cost you nothing or a limited amount, subject to the specific Terms and Conditions we agree with you for each situation. This will be the case if:

a. You have Legal Expenses Insurance already. In this case we will report likely costs to your insurers and agree the work to be done with them. You will have to pay us nothing, subject to the terms of your insurance policy and payment of any excess. At the end of the case we agree our final fees with your insurers. This does not include any costs you may be ordered to pay if you lose. They would be dealt with under the terms of your policy. Subject to some exceptions, costs are not usually awarded in Employment Tribunal claims.

b. You are a Trade Union member and the Union agree to us acting.  In this case we will report likely costs to your Union and agree the work to be done with them. You will have to pay us nothing, subject to the terms of your Union cover. At the end of the case we agree our fees with your insurers. This does not include any costs you may be ordered to pay if you lose. They would be dealt with under the terms of your cover. Subject to some exceptions, costs are not usually awarded in Employment Tribunal claims.

c. You are a member of an organisation that provides similar cover to Unions for their members. Some membership or professional bodies do this, and similar rules apply.

d. You have any other similar cover.

e. We agree to enter into a Contingency Fee Agreement with you. This is a type of “No-Win-No-Fee” agreement and what we charge you is limited. The costs set below do not therefore apply. What we charge you is based on the amount we win for you as damages or compensation. If you win your case you pay us 35% of your damages, including VAT but plus disbursements. You do not pay us until the end of the case and damages have been paid. This is all subject to you entering into a full Contingency Fee Agreement with us which sets out Terms and Conditions.

Our Fees

Our fees for bringing and defending claims for unfair or wrongful dismissal where you pay our costs on the “traditional basis”, and costs are not paid by Insurers and Unions or similar or under a Contingency Fee Agreement are as follows:

Simple case: £5,000 to £7,500 excluding VAT or £6,000 to £9,000 including VAT
Medium complexity case: £7,600 to £18,000 excluding VAT or £9,120 to £21,600 including VAT
High complexity case: £18,100 to £25,000 excluding VAT or £21,720 to £30,000 including VAT

Factors that could make a case more complex and result in higher charges:

  • 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
  • Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of £1,000 per day (excluding VAT). Generally, we would allow 1-5 days depending on the complexity of your case. This does not apply to the highest complexity cases where some weeks may be required in the Tribunal.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees, and our own out of pocket expenses such as travel and subsistence when necessary. We handle the payment of the disbursements on your behalf to ensure a smoother process, and ask you to make the payments to us in advance unless a third party such as an insurer is paying these for you.

Counsel’s fees estimated between £1,000 to £2,000 per day (depending on the experience of the advocate) for attending a Tribunal Hearing (including preparation)

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)
  • Obtaining expert evidence, for instance in disability discrimination claims
  • 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 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?

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 to 4 months. If your claim proceeds to a Final Hearing, your case is likely to take 1 to 2 years. 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.