Employment Tribunal Litigation Costs

Our team has over 15 years of collective experience in delivering high quality work in all matters relating to employment tribunal litigation. The team has particular expertise in handling claims relating to unfair dismissal; employment status (i.e. whether an individual is an employee, worker or self-employed consultant) and discrimination .

We have three members of the team who may work on your matter. Regardless of who works on your matter, they will be supervised by David Walton, Partner and Head of Employment.

 

EMPLOYMENT TRIBUNAL LITIGATION – DEFENDING A CLAIM OF UNFAIR DISMISSAL AND/OR WRONGFUL DISMISSAL

Average Pricing Structure

Our average price range for defending a claim for unfair or wrongful dismissal:

Simple case: £5,000-£10,000 (excluding VAT)

Medium complexity case: £10,000-£15,000 (excluding VAT)

High complexity case: £15,000-£20,000 (excluding VAT)

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
  • 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. The onus tends to be on the defendant to compile the majority of information and documentation for disclosure including the bundle of documents for the Final Hearing. This can often lead to higher potential legal costs for defendants compared to claimants;
  • If it is an automatic unfair dismissal claim e.g. if the claimant alleges they have been dismissed after blowing the whistle on their employer;
  • Allegations of discrimination which are linked to the dismissal.

There will be an additional charge for attending a Tribunal Hearing of around £500 to £1,000 per day (excluding VAT) depending on the complexity of the claim. Generally, we would allow 1-5 days depending on the complexity of your case and 1-2 days for a remedy hearing to assess, for example, compensation if the claim is successful.

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barrister’s fees (also known as Council’s fees). A barrister will provide his or her own cost and time estimate if required. We handle the payment of the disbursements on your behalf to ensure a smoother process although we do require money on account of all disbursements from our clients.

 

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 with ACAS where this is mandatory to explore whether a settlement can be reached;
  • Preparing your ET3 defence form i.e. the response form when a claim has been made against you;
  • Preparing your Grounds of Defence i.e. the document that attaches to your ET3 defence form setting out the factual detail of your defence and the legal basis for it;
  • Reviewing and advising on a claim or response from the other party;
  • Exploring settlement and negotiating settlement throughout the process;
  • Preparing a counter schedule of loss in relation to the claimant’s schedule of loss;
  • Preparing for (and attending) a Preliminary Hearing;
  • Exchanging documents with the other party and agreeing a bundle of documents;
  • Preparing the final bundle of documents for the Final Hearing;
  • Taking witness statements, drafting statements and agreeing their content with witnesses;
  • Reviewing and advising on the other party's witness statements;
  • Agreeing a list of issues, a chronology and/or cast list (key people involved in the case);
  • Preparation and attendance at Final Hearing and a Remedy Hearing if your claim is successful, including instructions to Counsel (if Council is required).

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 your claim proceeds to a Final Hearing, your case is likely to take around 6 months. If your claim settles before a Final Hearing this will reduce the likely timescale. 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.

 

 

EMPLOYMENT TRIBUNAL LITIGATION – BRINGING A CLAIM OF UNFAIR DISMISSAL AND/OR WRONGFUL DISMISSAL

Average Pricing Structure

Our average price range for bringing a claim for unfair or wrongful dismissal:

Simple case: £3,000-£5,000 (excluding VAT)

Medium complexity case: £5,000-£8,000 (excluding VAT)

High complexity case: £8,000-£12,000 (excluding VAT)

There may be other funding options available that we can discuss on an individual basis, such as cover under an insurance policy and this can be checked during your first appointment with us.

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
  • 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 around £500 to £800 per day (excluding VAT) depending on the complexity of the claim. Generally, we would allow 1-5 days depending on the complexity of your case and 1-2 days for a remedy hearing to assess, for example, compensation if the claim is successful.

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barrister’s fees (also known as Council’s fees). A barrister will provide his or her own cost and time estimate if required. We handle the payment of the disbursements on your behalf to ensure a smoother process although we do require money on account of all disbursements from our clients.

 

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 with ACAS where this is mandatory to explore whether a settlement can be reached;
  • Preparing your ET1 claim form i.e. the claim form outlining your case and the nature of the dispute;
  • Preparing your particulars of claim i.e. the document that attaches to your ET1 claim form setting out the factual detail of your claim and the legal basis for it;
  • Reviewing and advising on a claim or response from the other party;
  • Exploring settlement and negotiating settlement throughout the process;
  • Preparing a schedule of loss or considering a counter 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;
  • Reviewing and advising on the other party's witness statements;
  • Agreeing a list of issues, a chronology and/or cast list (key people involved in the case);
  • Preparation and attendance at Final Hearing and a Remedy Hearing if your claim is successful, including instructions to Counsel (if Council is required).

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 your claim proceeds to a Final Hearing, your case is likely to take around 6 months. If your claim settles before a Final Hearing this will reduce the likely timescale. 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.