Pricing for Employment Tribunals

How we charge for our services
Employment Tribunals (claims for unfair or wrongful dismissal)

Team Members and Supervision

Trethowans’ Employment Team are experts in the field of employment law. The team consists of qualified solicitors each with over 10 years of professional experience in employment law, supported by a trainee solicitor and legal assistant. The team is highly regarded within independent legal directories, Chambers UK and The Legal 500.

Your matter would be dealt with by a qualified solicitor and any work undertaken would be supervised by a partner with a minimum of 10 years experience. Details of the individuals within the team and their qualifications and experience can be found in their profiles.

Fees and Charging Structures

The fee information set out in this document relate specifically to those services in the ‘Services’ section and is indicative only. Once the full details relating to your particular matter are understood, we will provide a specific fee proposal which, upon confirmation of our instruction through a signed client engagement letter and terms of business, will form the contractual basis upon which we will deliver our services.

During the progress of any matter it is possible that fees may change, up or down, due to changes in your instructions or objectives, or because it is necessary to reassess the level of complexity of the matter should new information come to light or circumstances change. Should this be the case, we would discuss this with you at the time and agree any changes before progressing.

Any additional services required outside those set out in the Services section would be quoted separately on an individual basis.

Services

  • Representing an individual bringing an Employment Tribunal claim against their employer for either unfair or wrongful dismissal; or
  • Representing an organisation defending a claim in an Employment Tribunal claim for either unfair or wrongful dismissal.

This information relates to single claims of either unfair dismissal or wrongful dismissal and does not apply where there is more than one claim brought at the same time, whether it is unfair dismissal or wrongful dismissal or unfair dismissal and discrimination. In those circumstances, please speak to us for an estimate on your specific case.

Key stages in delivering these services

  • Initial review of relevant documents. Identifying, considering and advising on the relevant legal principles/claims.
  • Dealing with ACAS including ACAS conciliation.
  • Completing ET1 (claim) or ET3 (defence) (as appropriate).
  • Dealing with the schedule of loss.
  • Attending and preparing for a case management discussion.
  • Preparing a list of documents. Considering the documents from the other side.
  • Preparing and/or agreeing the trial bundle.
  • Preparing witness statements.
  • Corresponding with you, the claimant/respondent and the Employment Tribunal.
  • Liaising with a claimant/respondent in order to try and agree terms for the settlement.
  • Preparing for hearing and a solicitor from the team attending and representing you at the hearing; or briefing a barrister to appear on your behalf if agreed. Note: All barristers’ costs will be in addition to our costs set out above.
  • Dealing with remedies/compensation.

Please note that not all of the above stages may be necessary or relevant to your individual case. You may also decide that you want to act in person and only use our services on an occasional basis to support you on parts of your case (known as “unbundling”). We will provide you with a separate fee estimate for each piece of work we do for you if you decide to go down the unbundling route. We will be heavily reliant on your detailed instructions. Our Terms and Conditions will reflect the limitations of the support we can provide.

As every case is different, it is difficult to provide an accurate time estimate for the conclusion of a claim. There are a number of variables that can affect the length of a case, for example:

  • The complexity of the case.
  • Changes in the law.
  • How quickly the Employment Tribunal can list the case for a hearing and how efficiently they deal with correspondence. There is a significant backlog in the Employment Tribunals currently. These are matters outside of our control.
  • The availability and clarity of the instructions and documents provided by you.
  • The way in which your opponent conducts their case.
  • At what point in the process the case is resolved, for example if the case is successfully resolved through settlement negotiations as opposed to a hearing.

Typically, if a case goes to final hearing, it is likely to take in the region of 12 to 18 months.

How we would charge for these services

We charge at an appropriate hourly rate of up to £275 + VAT. Our rates are reviewed annually.

The costs are similar for an employee and an employer, although the costs can occasionally be less for the employee.

As every case is different, it is difficult to give an average cost. We would always encourage you contact us initially so that we may give you a personalised estimate.

Things that can impact costs include:

  • How complicated the facts are; and how much they are in dispute (the more complicated and disputed they are the higher the costs);
  • The number of witnesses involved on both sides (the more there are the higher the costs);
  • The number of documents requiring review and contained in the trial bundle (the more here are the higher the costs);
  • Any steps we are directed to take by the Employment Judge at a Case Management discussion or other preliminary hearing;
  • The number of hearing days required (the more there are the higher the costs);
  • Whether or not the matter includes/attempts to negotiate a settlement; and/or
  • Whether the case is withdrawn or settled and if so at what stage of the case.

We have provided below 3 scenarios of differing complexity, with the broad range of costs you could expect, dependent on those items listed above.

Level 1:
If a claim has a total of 1-2 witnesses, a 1 – 2 day hearing, largely agreed facts, up to 75 pages of documents and little to no settlement negotiations, our legal costs would likely be in the region of £7,500 to £15,000 plus VAT.

Level 2:
If a claim has a total of 2 – 4 witnesses, a 2 – 5 day hearing, a number of disputed facts, around 75 – 500 pages of documents and several settlement discussions, the costs are likely to be in the region of £15,000 to £30,000 plus VAT.

Level 3:
If instead a claim has a total of over 4 witnesses, a hearing of 3 days minimum, over 500 pages of documents, heavily disputed facts and substantial settlement negotiations, the costs are likely to be from £30,000 plus VAT upwards. We will advise you on the likely costs depending on the circumstances of your case.

As outlined, the levels above are subject to a number of variables. It is not uncommon for cases to change in complexity throughout the process. Factors that may increase the complexity of your case, and which will therefore fall outside of the original estimate given to you, include:

  • If new disputed facts are introduced;
  • Changes in the law;
  • The number of witnesses change;
  • New documents come to light; A preliminary hearing is necessary to consider complex preliminary issues;
  • If other potential claims are brought alongside the original claim such as discrimination, equal pay or unlawful deductions of wages claims; and Making or defending cost applications.
  • The way in which your opponent conducts their case.

If we anticipate that your case and in turn the estimate we have provided is likely to increase or decrease in level, we will notify you as soon as practicably possible. You will then have the opportunity to either continue or cease instructing us to act for you. If we notify you that your level will change and you do not accept the increase, then we may cease acting for you and we will only charge you for the work we have done up to that point.

Our fees will always be payable by you. Employment Tribunals do not normally order the losing party to pay the successful party’s legal costs and so even if you win your case, it is unlikely that you will receive a contribution towards your legal costs with us.

You should ensure that you have checked any insurance policies you hold, such as home insurance or car insurance, to see whether you have legal expenses insurance. If you have legal expenses insurance, you should ensure that you contact your provider at the earliest opportunity to notify them of a claim.

We do not offer the following:

  • Free initial consultations
  • No-win no-fee agreements
  • Conditional fee agreements

What our fees include

This estimate includes representing an individual or company in relation to delivery of those stages as set out under ‘Key Stages’.

What our fees do not include

The following work is not included:

  • Protracted and/or abortive settlement discussions;
  • Attending and preparing for a preliminary hearing (for example a half day hearing with evidence to deal with a legal issue);
  • Considering potential grounds of appeal to the Employment Appeals tribunal;
  • Any advice or work undertaken pre-dismissal/ resignation and/or dealing with internal processes;
  • Attending and representing you at a separate remedies hearing (if necessary);
  • Other claims (for example, discrimination, detriment, non-consultation); and
  • Any reviews or appeals.
  • We do not offer conditional fee agreements, commonly referred to as ‘no-win/no- fee’.

VAT

Unless expressly stated otherwise, all of the fees and disbursements referred to would be subject to VAT, payable in addition, calculated at the standard rate of 20%.

Disbursements

Disbursements are additional costs related to your matter that would typically be incurred by us on your behalf to ensure that the matter progresses in an efficient manner and would be added to your bill for payment together with your fees.

The disbursements that you could expect to be charged in respect of these matters include:

  • A barrister’s fees if you instruct us to retain a barrister on your behalf. It is impossible to provide specific information about barristers’ fees. If we advise you to retain a barrister we will discuss the cost implications with you before we proceed. Barrister’s fees tend to depend on whether the barrister is considered to be a Junior, Leading Junior or QC. Barrister’s fees can be from £500 to £10,000 a day plus VAT. The fees will be linked to the seniority of the barrister and their availability, the length of the hearing, the amount of preparation required and the complexity of the case. We can help to negotiate the barrister’s fees on your behalf if you decide to engage a barrister.
  • Travel or hotel costs for attending hearings or meetings away from our offices. It is impossible to provide generic information about these expenses and we will discuss them with you on a case by case basis if they apply. VAT is payable on travel and hotel costs.
  • Any person required to give expert evidence in your case. It is impossible to provide generic information about these expenses and we will discuss them with you on a case by case basis if they apply. VAT may be payable on them.
  • There are currently no Tribunal fees payable to bring a claim. However, it has been indicated that Tribunal fees may be reintroduced in the future. If Tribunal fees are reintroduced, then this is a disbursement that you will be required to pay. You will be notified if and when such fees are reintroduced.

For expert advice on employment tribunal claims, don’t hesitate to contact our team of experienced employment lawyers on 0800 2800 421.

Meet the team

Kathryn Evans

Partner

Andrew Crudge

Associate

Kira McKane

Solicitor