Employment Tribunals (Unfair / Wrongful Dismissal)

Employment Tribunals (Unfair/Wrongful Dismissal) Prices

Transparent Pricing

Our resident Employment Law specialist is Abigail Reynolds. Abigail is a Certified member of the Chartered Institute of Legal Executives and is part way through a Masters Degree in Employment Law in her spare time. Abigail has over 9 years experience and is supervised by Neil John who has in excess of 20 years litigation experience including in employment law. Details of members of the civil litigation team can be found here.

Average Costs and Timescale

The cost of bringing a claim for unfair or wrongful dismissal will depend on various factors, including the complexity of your claim and the level of fee earner required.

In the employment department, our fee earner’s hourly rates are as follows:

      1. Member - £290 plus VAT 
      2. Senior Solicitor/Legal Executive - £260 plus VAT 
      3. Solicitor/Legal Executive - £230 plus VAT
      4. Trainee Solicitor/Legal Executive - £145 plus VAT

    It is very difficult to provide an exact figure, however we do think it is important for our clients to have an estimate of the likely costs of bringing or defending a claim. The following figures are estimates given on the basis of a claim proceeding to a final hearing, although it should be noted that some claims will settle before that time.

    • Straightforward claims - £4,500 - £8,000 plus VAT 
    • Medium complexity claims - £8,000 – £12,000 plus VAT 
    • High complexity claims - £12,000 - £18,500 plus VAT

    • You may wish to represent yourself in the Employment Tribunal but seek advice from us in the background – this is absolutely fine, and we are happy to discuss pricing options in these circumstances on a case-by-case basis.

      VAT is charged at 20%.


      What makes a claim more complicated

      There are a number of factors which may make the claim more complicated, such as:

      • The facts of the claim – for example, if the claim includes claims of discrimination or dismissal after ‘whistleblowing’. 
      • If your opponent is a litigant in person (e.g. does not have a solicitor acting on their behalf). 
      • If there are multiple potential witnesses. 
      • If there are multiple potential defendants. 
      • If the amount of documents is more than usual (e.g. more than one ring binder folder). 
      • Whether your opponent is acting reasonably – a difficult opponent may mean that costs will increase outside our control. 
      • If it is necessary to make any applications to the Tribunal, or to amend claims or formal Tribunal documents.
      • Complex preliminary issues such as obtaining evidence of whether the Claimant is disabled or determining whether the Claimant is actually an employee. 
      • There is an additional charge for attending a Final Hearing of £1,000 per day (excluding VAT and disbursements). Hearings will usually last between one and two days, although they may be three days or more for very complicated matters. 

        Alternative Funding

        Depending on your circumstances, we may be able to offer a damages-based agreement (otherwise known as a ‘no win, no fee’ agreement). Such an agreement will involve a deduction from any money you are awarded at up to 35% of the sums received. You will be required to pay for disbursements (such as counsel’s fees and medical report fees) separately. You may also have methods of funding your claim, such as legal expenses insurance. Your employment specialist will discuss this with you at your initial meeting.  

        Key Stages for Claimants

        The prices above will include the following key stages:

        • Engaging in initial discussion with you in relation to the facts of the claim, reviewing any papers and advising you on merits and providing an initial view on the likely level of compensation the Claimant would be entitled to should their claim succeed.  
        • • Submitting your claim to the ACAS Early Conciliation Service (where mandatory) to explore whether a settlement can be reached
        • Preparing and issuing your claim 
        • Reviewing and advising on the response from other party 
        • Exploring settlement and negotiating settlement throughout the process 
        • Preparing or considering a schedule of loss and reassessing the likely level of compensation
        • 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 a list of issues and chronology  
        • Advising you on the outcome of the Final Hearing.
        • Preparation (and attendance) at Final Hearing, including instructions to Counsel
        • The above costs do not include the costs involved in advising you on any appeal against any decision or enforcing any judgment or agreement reached.

          Key Stages for Employers

          The prices above will include the following key stages:

          • Engaging in initial discussion with you in relation to the facts of the claim, reviewing any papers and advising you on merits and providing an initial view on the likely level of compensation the Claimant would be entitled to should their claim succeed.  
          • Where mandatory, engaging with the ACAS Early Conciliation Service to explore whether a settlement can be reached
          • Reviewing and advising on the Claimant’s formal claim
          • Preparing a response to the Claimant’s claim
          • Exploring settlement and negotiating settlement throughout the process
          • Considering a schedule of loss and reassessing the likely level of compensation
          • 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 a list of issues and chronology
          • Preparation (and attendance) at Final Hearing, including instructions to Counsel
          • Advising you on the outcome of the Final Hearing.
          • The above costs do not include the costs involved in advising you on any appeal against any decision or enforcing any judgment or agreement reached.


            Disbursements

            Disbursements are costs which are payable in relation to your matter for services provided by third parties. This can include court fees and fees for reports from specialist medical experts. Court fees are not vatable, but some experts do charge VAT, usually at 20%. Barristers do charge VAT. To make things easier for you, we handle payments to third parties.

            It is usual for a barrister to be instructed to prepare for and represent you at Employment Tribunal hearings. Barrister’s fees (otherwise known as ‘counsel’s fees’) are payable in addition to the cost above and range between £2,000 and £3,000 plus VAT per day depending on the experience and seniority of the barrister.

            How long will my claim take

            The time it will take for the claim to be finalised will depend on the facts of the claim. If your case settles at the ACAS Early Conciliation stage, this will usually only last between 2 and 6 weeks. However, if the claim is more complicated and it is necessary for the case to go to a final hearing, your case could take over 6 months. The length of time it takes to bring a claim is currently much higher than usual due to covid-19 backlogs.

            Key Stages

            Timescales

            1. Date of dismissal

            The date of dismissal will be very important in any claim. This will be the date other timescales are based upon, such as the time limit for submitting a claim to ACAS and the Employment Tribunal.

            3. Early conciliation

            A claim must be submitted to ACAS for Early Conciliation no later than three months less one day from the date of dismissal. For example, if the date of dismissal was 1 August, the claim must be submitted to ACAS by 31 October. Submitting a claim via ACAS will extend the usual time limit as set out below.

            3. Claim

            A claim must be submitted to the Employment Tribunal no later than three months less one day from the date of dismissal, unless the time limit is extended by ACAS.

            4. Response

            Within 28 days after the Tribunal sends a copy of the Claimant’s claim form.

            5. Reassessment of merits

            Approx. 4 weeks from receiving the response.

            6. Tribunal directions or preliminary hearing

            Approx. 1 – 2 months from stage 4.

            7. Schedule of Loss/Counter Schedule

            Approx. 2 – 3 weeks from stage 6.

            8. Disclosure

            Approx. 4 – 6 weeks from stage 6.

            9. Preparation of hearing bundle

            Approx. 2 months from stage 6.

            10. Preparation and exchange of witness statements

            Approx. 3 months from stage 6.

            11. Preparation for the hearing

            Approx. 1 month before the final hearing.

            12. The hearing

            Usually within 6 to 9 months of the date the claim was submitted to the Employment Tribunal.


Other Priced Services

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