Pursuing or Defending Employment Tribunal Claims
If you are looking to bring a claim against your employer or defend a claim that is being brought against you by an employee, the costs can vary depending on several factors such as the number of witnesses or the amount of disclosure, which can increase hearing times.
In order that you have a rough guide as to our costs for attending to an employment matter on your behalf we have set out below our guidelines for you, which we have based upon the complexity of the case.
Please note that many cases settle before a hearing which can change your costs. The costs that we have provided include us undertaking the following work on your behalf:
- Taking initial instructions and reviewing paperwork
- Advising you as to your claims, to include merits of success and award amount or your likelihood of defending the claim
- Entering into early conciliation on your behalf
- Preparing your claim or response
- Reviewing the response from the other side and advising on the same
- Considering settlement offers, putting forward settlement offers and negotiating the same where appropriate on your behalf
- Preparation for court hearing and attendance at the same
- Preparation of any documents order by the Employment Tribunal, such as Schedule of Loss, Witness Statements etc.
- Reviewing the other parties’ documents once received and advising
- Preparing the bundle
- Instruction of a barrister where appropriate
Please note in some cases we may not be required to compete these tasks which means that your costs may be reduced.
We would also ask you to note that our costs may vary depending on the stance taken by the other party. In some instances, robust stances may be taken which can increase your costs, or the case may be complex, the number of witnesses is large, or the parties cannot agree an issue such as whether the party making the claim is disabled.
All our fees are based on the number of hours that we spend on your matter and dependent upon the level of experience of the individual undertaking the work;
Our Fees
| Level of Expertise | Hourly Rate (inc. VAT at 20%) |
| Category A fee earners (solicitors who have been qualified for more than 8 years or Senior Probate Executives who have been practising more than 10 years) | £275 (£330) |
| Category B fee earners (solicitors who have been qualified for more than 4 but less than 8 years or chartered legal executives who have been qualified for more than 4 years) | £250 (£300) |
| Category C fee earners (solicitors who have been qualified for up to 4 years or chartered legal executives who have been qualified for up to 4 years) | £220 (£264) |
| Category D fee earners (other fee earners, including trainee solicitors) | £190 (£228) |
Cost up to (but not including) the hearing
| Type of case | Estimated Costs (plus VAT at 20%) |
| Simple Case | £4,000 - £6,000 (£4,800 - £7,200) |
| Medium Complexity Case | £6,000 - £8,000 (£7,200 - £9,600) |
| High Complexity Case | £8,000 - £10,000 (£9,600 - £12,000) |
Costs if your case includes the final Hearing
Whilst we will undertake most of the work on your behalf, if your claim proceeds to a final hearing then we will instruct a Barrister to represent you. The cost of the Barrister will vary like our fees as their charges will be based on their level of expertise.
The table below sets out the estimated cost for a Barrister to represent you at the final hearing which again is based on the complexity of the case. Please note that these costs are not definite, and you may wish us to appoint a less or more experienced Barrister depending on your budget and needs. We will make suggestions as to a Barrister that is suitable to your case however you will be able to make the final decision.
| Length of hearing | Our estimated costs (plus VAT at 20%) | Estimated Barrister costs (plus VAT at 20%) | Total costs (plus VAT at 20%) |
| Simple Case | £4,000 - £6,000 (£4,800 - £7,200) | £2,000 (£2,400) | £6,000 - £8,000 (£7,200 - £9,600) |
| Medium Complexity Case | £6,000 - £8,000 (£7,200 - £9,600) | £3,000 (£3,600) | £9,000 - £11,000 (£10,800 - £13,200) |
| High Complexity Case | £8,000 - £10,000 (£9,600 - £12,000) | £6,000 (£7,200) | £14,000 - £16,000 (£16,800 - £19,200) |
How long will it take to conclude my case?
Whilst we understand that being involved in a case such as this is sometimes stressful for you which we will process your case as quickly and efficiently as possible, we cannot provide definite timescales for the matter to conclude. Timescales will depend on the Tribunal’s availability and at what stage we are able to settle your case.
If your claim settles at the early conciliation stage, then we would expect to finalise your case within 8 weeks of our initial appointment. If your claim proceeds to a hearing, then we anticipate that your case could take up to 12 months to conclude. During your case we will be able to provide you with more accurate cost estimates
Disbursements
Disbursements are expenses that are paid to third parties. In some instances and depending on the nature of your case we may be required to incur disbursements on your behalf. For example, in a disability case where parties do not agree whether the employee was disabled, we may be required to obtain a medical expert report which will incur a disbursement. The appointment of your Barrister will also be classed as a disbursement.
We will also speak to you in advance of you incurring the disbursement fee and explain why it is necessary.
Funding options and recovery of costs
We offer different ways in which to fund your Employment case, such as Damage Based Agreements, Conditional Fee Agreements (no win no fee agreements), private paying or through an insurance policy that you may already hold. At our initial meeting we will discuss with you in detail ways in which to fund your case in order that the right option is selected for you.
In respect of recovery of legal costs, in Employment Tribunal cases it is usually the case that each party meets their own legal costs.