Employment Tribunal Claims Fees.

Our Employment lawyers are adept at handling both simple and complex tribunal claims, from the perspective of Claimant or Respondent. We are accustomed to acting for current and former employees bringing an Employment Tribunal claim against their employer, as well as for employers defending such claims.

Your tribunal claim may be handled by one or more of our experienced Employment team: Amanda HodgsonCyril Dennemont and Nicholas Evans.

What is Included

Our fees for your tribunal claim or defence typically cover provision of the following services:

  • Taking initial instructions, reviewing papers and advising on suitable strategies.
  • Preliminary advice on the likely value of the claim or defence and any likely award (this will be revisited throughout the matter and is subject to change).
  • Assisting the conduct of pre-claim conciliation (including Acas Early Conciliation) to explore whether a settlement can be reached.
  • Preparing the claim or the response to the claim: ET1 Particulars of Claim / ET3 Grounds of Resistance preparation
  • Reviewing and advising on the claim or the response from the other party.
  • Preparing or considering a schedule of loss.
  • Preparing for and attending a Preliminary Hearing Review (agenda, agreed List of Issues and attendance at the PHR of 1-2 hours).
  • Advising and, where required, conducting or arranging representation at any preliminary hearings that may arise during the course of an employment tribunal claim or defence.
  • Agreeing a bundle of documents and exchanging it with the other party.
  • Taking witness statements, drafting statements and agreeing their content with witnesses.
  • Preparing bundles of documents for the tribunal and relevant advocates.
  • Reviewing and advising on the other party’s witness statements.
  • Agreeing a list of issues, a chronology and/or cast list.
  • Final hearing: preparation for and attendance at the final hearing, including instructing an advocate for representation.

What is Excluded

The services below are examples of what is not included in our aforementioned Employment Tribunal Fees, however, we are able to provide these services, albeit at an additional charge:

  • Any work required before the employment is terminated (e.g. in relation to an investigation, disciplinary proceedings or a grievance).
  • Parallel settlement discussions.
  • Any work required linked to post-termination contractual provisions such as restrictive covenants.
  • Any work linked to bonus, pension, options and other equity elements (as part of the employment).
  • Any work linked to the impact of the termination on your professional or regulatory position as a member of or a person authorised by a regulatory or professional body.
  • Any appeal(s).
  • Any work linked to enforcement of any judgment.
  • Any work regarding protection of reputation.
  • Advising on tax.
  • Negotiating and documenting any negotiated settlement.
  • Any additional work that is necessary as a result of a substantive change in instructions from you.
  • Any work in relation to an agreed mediation process

Our Fees

For Employment Tribunal Claim or Defence:

Charges for Employment Tribunal services will vary depending on the complexity of your needs and so will typically be costed based on the firm’s hourly rates for the personnel involved. We will endeavour to provide a detailed cost estimate following your initial consultation where possible. The hourly rates charged by our Employment team are listed here; the specific rate is dependent upon the experience/seniority of the team member as follows:

We charge an hourly rate for our services as follows:

PARTNER£350 – £450 + VAT
SOLICITOR£200 – £350 + VAT
PARALEGAL/TRAINEE£100 – £175 + VAT

As a guide, depending on the complexity of your matter, our charges for an Employment Tribunal Claim or the Defence for Unfair Dismissal, typically range as follows:

CLAIM£7.5 – £20k + VAT*
DEFENSE£12.5k – £20k + VAT*
*This is on the basis of a 1-day hearing, with a maximum of 2-3 witnesses in total (both parties).
*VAT is payable in addition to our service fees.

Factors that may result in a case being considered more complex may include (but are not limited to):

  • the claim being brought in the context of other claims (e.g. discrimination or whistleblowing);
  • the claim involving multiple respondents;
  • a counterclaim being made by the respondent;
  • parallel internal procedures (such as ongoing disciplinary or grievance investigations or proceedings);
  • parallel regulatory procedures or complexities (such as ongoing investigations or proceedings);
  • related High Court proceedings;
  • complex preliminary issues (e.g. determining the employment status of the Claimant or the jurisdiction of the tribunal (if disputed)), particularly where additional Preliminary Hearings are required;
  • if it is necessary to amend a claim or a response or to provide further information about a claim;
  • where the unfair dismissal claim has a wider financial impact (e.g. when it determines good leaver / bad leaver status for an employee’s shareholding, bonus or other incentive);
  • where there will be a high number of relevant documents to be disclosed, or if electronic disclosure is required, or if there are significant disputes or preliminary issues around disclosure;
  • the number of witnesses and length and complexity of witness statements;
  • if expert evidence is required;
  • the length of the hearing;
  • defending claims that are brought by litigants in person;
  • if it is necessary to enter into correspondence relating to the conduct of the Claimant in the proceedings, such as cost warning letters;
  • making or defending a costs application; and
  • efforts made by the parties to negotiate settlement at any stage of the proceedings.

To assist our client in minimising costs, we will seek to undertake sections of work on a fixed fee basis, wherever possible and appropriate. Furthermore, our team will consider whether it is viable to undertake a claim on a CFA basis, (albeit this would require a full assessment of the claim).

Please note that unless we agree an alternative fee arrangement (such as no win, no fee), our fees will be payable regardless of the outcome of your claim. The usual costs rule in the Employment Tribunal is that each party bears its own costs, so even if you are successful at the hearing it is unlikely that the Tribunal would order the other side to make a contribution to your costs (save for exceptional cases in which the Tribunal determines that the other side had acted vexatiously, abusively, disruptively or otherwise unreasonably in the conduct of the proceedings).

Disbursements:

In addition to our fees, you will be responsible for paying costs for any third-party services and disbursements associated with your matter. Typical third-party costs and disbursements include:

  • Counsels’ fees. Their hourly rates can range from £150/hour plus VAT for a junior to £750/hour plus VAT for a senior QC. For example, a barrister of circa 10 years’ experience would likely charge £2500 – £3500 plus VAT for a final hearing brief, including preparation for and attendance at a 1-day final hearing. Please note Counsels’ fees will attract VAT. The final hearing brief is usually incurred 1-2 weeks before the hearing (or further in advance for complex cases), and is payable even if the hearing does not ultimately proceed, e.g. because the case has been settled.
  • Bulk copying of bundles and other significant copying requirements will usually be charged at a minimum of 0.04p/page for black and white and 0.05p/page for colour copies.

Timescale

The likely timescales for the various stages in an Employment Tribunal Claim will depend largely on the resources and backlog of the Tribunal at which the claim is lodged. As an Unfair Dismissal claim and/or a Wrongful dismissal claim can be heard by an Employment Judge sitting alone, they tend to move faster through the Tribunal’s internal systems and can often be dealt with in 6 to 9 months (from lodging claim to final hearing), but this can vary significantly from Tribunal to Tribunal. Time scales can also depend somewhat on the complexity of the case, as the longer time period a final trial is likely to need, the further away the hearing will likely be scheduled. Please note that hearing dates may be changed at short notice by the Employment Tribunal based on the availability of judges or administrative issues.