Employment Tribunals Fee Guide

Why us?

We have dealt with similar situations that you are facing; we understand, we assess and we explore all the options available to you with the primary aim of protecting you.

In doing so, we must act efficiently, proportionately and in the most cost effective manner. From the outset we will seek to provide you with a range of fee estimate, keeping you updated on the same so you can prepare for all circumstances.

As we act for both employees and employers we understand and appreciate the unique circumstances you face. Our legal experts have dealt with employment tribunals all over the country, have worked in house within organisations and have assisted individual employees; they are experienced enough to therefore ‘see the bigger picture’, looking at things globally and commercially and ultimately, to strategize how they can achieve the best result for you.

Pricing

The total cost depends on the amount of work that we have to invest in and each case is different. It is our aim, however, to make fees simple, clear and understandable. Your options will be discussed to ascertain the most cost effective way of approaching an employment tribunal.

In assessing fees, we broadly break our fees down into three main categories; namely, preparation for the trial, representation at the trial and dealing with the outcome.

Within each category lie the various stages/ key milestones of litigation and consideration of the same assists us in providing clearer fee estimate. For example, the following stages of litigation may apply to your instructions:

• Pre Action (for example dealing with ACAS)
• Mediation/ settlement discussions
• Issue Stage (settling the claim form and)
• Response Stage (taking receipt of and considering the defendant’s defence response)
• Preparing and assessing schedule of loss (if acting for claimant)
• Assimilation of and consideration of relevant documentation
• Agreeing and review trial bundles and preparation of the same if instructed by respondent
• Liaising with potential witnesses and drafting and resolving witness statements and considering opponent’s witness statements
• Preparing case summaries, lists of issues, case chronology
• Interim hearings/ applications
• Final trial

From experience, a relatively straightforward unfair/ wrongful dismissal case resulting in a one day trial may cost in the region of £4-8,000 (plus VAT) if instructed by a claimant and £5-10,000 (plus VAT) for respondent instructions.

For a tailored quote please contact a member of our Dispute Resolution team.

Disbursements

You may also have to pay for disbursements which are costs related to your matter that are payable to third parties, such as court fees and counsel fees.

We would always recommend briefing counsel to represent you at the final trial; counsel’s fees vary, however, as an example (and for a one day trial), we would estimate that a relatively junior counsel would charge in the region of £750 plus VAT. A Queen’s Counsel (“QC”) could charge many thousands of pounds.

Additional Fees

Litigation is an ever changing and moving environment. We can only give estimates due to the numerous external factors (a lot of which are beyond our control) which may affect matters and the conduct/ progression of the litigation. In the event that issues become more complex then will notify you forthwith and discuss any additional fees. Reasons for increased/ additional fees may include:

• If it is necessary to make or defend interim applications;
• Defending claims brought by litigants in person;
• Making or defending costs applications;
• Dealing with complex preliminary issues (such as questions of disability)
• The number of witnesses/ documents involved;
• Allegations of discrimination/ whistleblowing.

Judgement Day

Sometimes, even when the trial has concluded there are matters that still require resolution.

Handing down of the judgment/ decision by the judge may be delayed and may only be provided several weeks after the trial has ended. Employment tribunals provide extensive, substantive reasons for their decisions and so we would ‘walk’ you through the judge’s reasoning.

Additional fees may become payable should you require our assistance with:

• The bringing of or defending an appeal;
• The enforcement of any tribunal judgment/ award.

Time Scales

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/ pre action stage, your case is likely to take a matter of weeks. If your claim proceeds to a Final Hearing, your case is likely to take many months. 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.

Further Information

ACAS provide some useful information on employment tribunals please click here to view.

The government also provide some further information on employment tribunals please click here to view.