It is difficult to provide the total cost of advising and representing employees or employers through an Employment Tribunal process, as there are many factors that can affect the complexity and therefore length and cost of the process. 

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​The average costs for bringing and defending claims for unfair dismissal are:

 

​An ‘Ordinary’ unfair dismissal case requiring only a one or two day final hearing: £3,000 - £7,500 (excluding VAT, charged at 20%)

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​A more complex case involving issues such as discrimination or whistleblowing and requiring a two to five day final hearing: £5,000-£20,000 (excluding VAT, charged at 20%)

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​A highly complex case involving multiple disputed claims and requiring a five to ten day final hearing: £20,000-50,000 (excluding VAT, charged at 20%)

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​We charge based on an hourly rate which varies depending on the member of staff dealing with your matter. Our lowest hourly rate is £160 and our highest hourly rate is £295. The seniority of the members of staff dealing with your case will depend on its complexity. We will discuss this with you if you choose to instruct us.

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Factors that could make a case more complex:

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• 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​

 

The above figures are exclusive of barristers’ fees. Should a barrister be required, their cost can vary markedly, depending upon the barrister’s skill, seniority and specialism. This will be discussed and agreed with you before the barrister is engaged.

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Disbursements

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

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​ Counsel's fees are also disbursements and are typically charged as a ‘Brief Fee’ which covers the cost of them preparing the case for a hearing and undertaking the first day of it. Subsequent days are charged at a ‘refresher’ rate, which will have been agreed in advance of the hearing.

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A Brief Fee can be anything from about £500 + VAT for the most junior counsel, with their ‘refresher’ fee being charged as little as £300 + VAT per day. However, more complex cases requiring more highly skilled barristers may incur Brief Fees of £20,000 or more with Refresher fees of up to £5,000 per day. The most senior barristers (who are typically Kings’ Counsel, or ‘KCs’) may command much higher Brief and Refresher Fees.

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We will normally require a payment on account from you to cover the anticipated cost of all disbursements, including Counsel’s fees.

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VAT is charged at 20%.

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Key stages

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

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• 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 via ACAS (known as Early Conciliation) which is a mandatory step that Claimants must undertake to explore whether a settlement can be reached;

• Preparing the claim or response

• Reviewing and advising on the claim or response from other party

• Exploring and negotiating a potential 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 a bundle of documents

• Reviewing and advising on the other party's witness statements

• Agreeing (where possible) a list of issues, a chronology and/or cast list

• Preparation and attendance at Final Hearing, including instructions to Counsel

 

The key stages set out above are an indication of those required in a typical case and if some of them are not required, the fee may be less.

 

You may wish to handle the claim yourself and only take our advice in relation to some of the stages. This can also be arranged according to your individual requirements.

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How long will my matter take?

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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 Early Conciliation, your case may only take 1 - 3 months to resolve.

 

If your claim is complex and required a multi-day Final Hearing, it could take more than two years to conclude, based upon current statistics provided by the Employment Tribunals service. We will be able to give you a more accurate time estimate  as the matter progresses.