Employment Tribunal Costs

At the outset of a case, it’s very difficult to predict exactly how the case will progress, and how long it will take to resolve. This will have a direct influence on the amount of costs payable, because if a case settles near the very beginning (either before or just after the claim form has been sent to the Employment Tribunal), the costs will be much lower than if the case progresses to a final hearing, which might entail a number of days attendance at the Tribunal hearing.

We can work with clients who choose to pay an hourly rate, where we do whatever work is necessary, and invoice you monthly for that work. We will always send to you details of the monthly charges before we raise an invoice so that you have an opportunity to ask any questions about the charges. Our hourly charging rate is currently £265 plus VAT.

Alternatively, we can agree to work for you on the basis of fixed fees (as set out below), whereby you agree to provide help and assistance as necessary, for example by responding to any queries from us promptly, and providing all documents in a timely and organised manner.

For fixed fee work, our pricing structure is broken down into stages, we will carry out an initial assessment, and then, if appropriate and agreed, we will carry out further work such as drafting and issuing the claim form, reviewing the defence filed by your former employer or draft and filing a defence when we act for an employer; and then dealing with those steps necessary to prepare the case for a hearing at the Tribunal. Please note there could be preliminary hearings even before a final hearing. After the initial assessment, we give a range of fees for the work we do, depending on the complexity of your case, these are set out below.

Factors that could make your case more complex or difficult to deal with may include the number of documents and papers we need to review; the number of individual claims you might need to bring (e.g. unfair dismissal, discrimination, breach of your employment contract), and the timescales (e.g. if immediate action is necessary in order to issue the claim before the expiry of the time limit for doing so). We will advise after the initial assessment as to whether we feel your case is straightforward or more complex.

To make an initial assessment of the strength of your case, and to include a meeting of up to 30 minutes, we will charge £250 (plus VAT).

To draft your claim form or to draft a defence for you, we will charge £250 – £499 (plus VAT).

To prepare the witness statement, we will charge £200 (plus VAT) in a simple case, and up to £1,000 (plus VAT) in a complex matter for the primary statement, and in each case, an extra charge for additional statements. In a simple case, additional statements will cost £100 plus VAT and in a complex case, the charge is £500 plus VAT.

To prepare the bundle of documents for the hearing, our charges will be:

Less than 50 pages£99 (plus VAT)
51 – 99 pages£149 (plus VAT)
100 – 199 pages£249 (plus VAT)
200 – 299 pages£349 (plus VAT)
300 – 499 pages£449 (plus VAT)
500 – 1,000 pages£599 (plus VAT)
More than 1,000 pagesprice on request

(The bundle of documents is a folder of all the relevant documents and correspondence the tribunal will need to refer to in the hearing, and six copies of the folder need to be prepared, all in identical format. This is an important part of the preparation for the hearing, and often best done by someone who has experience of this.)

To prepare or to review a schedule of loss, our fixed fees will be between £100 and £300 (plus VAT).

If you want to have a meeting with a barrister to review your case, the documents, correspondence and statements (and this is often a good idea before a hearing), our fees will vary depending on the complexity of your case, and also the experience of the barrister. As an indication, we would expect the fees to be between £500 and £1,500 (plus VAT).

At the hearing, you could choose to represent yourself; attend with either a solicitor or a barrister only; or attend with both a solicitor and a barrister. Factors such as the complexity of the case, and the number of days the hearing is listed for will usually influence your decision on this, and we can discuss and agree fixed fees with you, taking account of these matters and the seniority/experience of the barrister. As a rule of thumb, you can expect to pay around £500 plus VAT for a junior barrister or solicitor, and up to £1000 plus VAT per day for a more experienced representative.

During the case, there is likely to be on-going correspondence with the other party, and the Tribunal, and if you would like us to deal with this correspondence for you, we will charge you a fixed fee per month of between £100 – £200 (plus VAT).

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)
  • 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 the stages 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 – 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 12 – 26 weeks. 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.

Get in touch today.