Employment Tribunal: Costs
We are required to provide the best estimate possible for Employment Tribunal work.
The costs will reflect the complexity of the matter. Costs will also depend on whether the matter settles. The costs below are based on the matter going all the way to a tribunal. You should check whether you have legal expenses cover.
In a simple case, costs are likely to be in the range of £10,000 plus VAT including expenses/disbursements and Counsel's fees.
In a medium complexity case, costs are likely to be in the range of £10,000 to £20,000 plus VAT including expenses/disbursements and Counsel's fees.
In a high complexity case, costs are likely to be in the range of £20,000 to £35,000 plus VAT including expenses/disbursements and Counsel's fees.
Disbursements are fees paid to other parties, e.g. a court fee or medical report.
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
- Defending claims that are brought by litigants in person
- 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 dimissal claim e.g. If you are dimissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal
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 the 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 a claim or response
- Reviewing and advising on claim or repsonse 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 a 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 time that it takes from taking your initial instructions to the final resoution 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 12 to 26 weeks. If your claim proceeds to a Final Hearing your case is likely to take 6 months to a year. 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.