Employment Tribunals: Price & Service Information
The following guidance applies to Claims for unfair dismissal and wrongful dismissal and applies to employees bringing Claims on their own behalf and to employer clients defending Claims from their employees.
The estimates which follow are based on hourly fee rates of £225 plus VAT chargeable by our Employment Law Solicitors Graham Shannon and Mathew Sigsworth, both of whom have in excess of 10 years experience conducting unfair and wrongful dismissal Claims and who are supervised by Ursula Collie a Solicitor and Mediator with over 25 years post qualification experience.
Claims for unfair dismissal must be brought in an Employment Tribunal.
Claims in respect of wrongful dismissal can be brought in the Employment Tribunal or in the Civil Courts. The guidance below applies to wrongful dismissal Claims pursued in the Employment Tribunal.
Our fees for representing employees or employers in such Claims will vary, depending on the complexity of the case. No two cases are exactly the same. The following guidance is intended as a rough guide and fee estimates will be issued in relation to individual cases once we have instructions from you.
- Straightforward cases resulting in a final hearing of no more than 2 days – £5,000-£7,000 plus VAT and any disbursements.
- Cases of medium complexity involving a Tribunal hearing of no more than 5 days – £7,000-£12,000 plus VAT.
- Complex cases usually involving a final hearing duration of more than 5 days – £12,000 plus VAT and disbursements.
The following features of a case likely to affect its complexity includes the following:-
- Bringing a Claim or defending a Claim against an individual who is not professionally represented by a Solicitor or Barrister.
- The need for Applications to the Tribunal during the course of the case.
- The number of witnesses involved.
- The amount of documentation we need to consider.
- The need for the Tribunal to consider disputed issues, for example, time limits or allegations of disability and unlawful discrimination.
Damages Based Agreements
In some cases we may be willing to offer you representation under a Damages Based Agreement
If we do then our charge will be a percentage of any compensation you agree with your opponent or are awarded by an Employment Tribunal plus VAT
If you are not awarded compensation we agree that we will not charge for our own services however you will be required to pay the fees of other professionals involved in your case typically barristers or expert witnesses
Typical stages in the progress of a wrongful or unfair dismissal Claim in the Employment Tribunal:-
1. Taking your instructions, assessing the case and providing you with an opinion the strength of your case.
2. Assisting you with negotiations with ACAS via the Early Conciliation Scheme and, if necessary, considering and advising you on any settlement offers or proposals to settle.
3. Preparing the Employment Tribunal Claim Form and supporting Particulars or, drafting the Tribunal Response and Particulars.
4. Drafting Witness Statements.
5. Drafting or considering and evaluating a Schedule of Compensation.
6. Collating and exchanging documents relevant to the case with other parties involved in the Claim.
7. If necessary, attending any preliminary hearing at the Tribunal.
8. Preparing the Bundle of Documents for the Employment Tribunal hearing, any required Skeleton Argument or Chronology and Summary of Issues in the case.
9. Preparing Instructions to a Barrister where appropriate.
10. Preparing for the final hearing and attending the hearing as your Advocate.
How long will the Claim take?
Straightforward Claims can and do settle very quickly, sometimes within days or weeks with or without the involvement of ACAS.
Complex cases on the other hand may be ongoing for 9 months or more after the Claim has started. The duration of the Claim can be influenced by many of the factors listed above and can also be influenced by the workload of the Employment Tribunals too.
As a general guide, a contested Claim in the Employment Tribunal is likely to start and finish within a period of 4 to 9 months.
Disbursements are payments which Solicitors make to third parties to help them in the preparation and presenting of Claims. They include such things as travelling expenses for attending Tribunal hearings, fees for the preparation of reports from experts whose advice may be required in relation to your Claim, and more commonly, the fees of Barristers we instruct to represent you at hearings or to provide specific advice in relation to your Claim.
In the case of fees payable to Barristers, their fees are largely determined by the level of their experience.
In most cases, Barristers’ fees for attending hearings will range between £1,500-£4,000 plus VAT and, where a case runs on for additional time not anticipated in the original brief fee, further payments or refreshers as they are described range between £750-£2,000 for each additional day.