We explain below what is involved in defending proceedings in the Employment Tribunal and what costs are likely to be involved. This guide relates to claims for unfair dismissal and wrongful dismissal. There are other proceedings that may be brought in the Employment Tribunal where the work required to defend the claim and the overall costs may be different. We will always discuss this with you as part of our advice before proceedings of any kind are commenced.
Work involved
We have considerable experience in Employment Litigation and we can prepare and run your case for you. This includes:
- Advising you on the documents received from the Employment Tribunal
- Drafting the documents required from you in reply
- Advising you on all relevant documents and other evidence
- Preparing list and bundles of documents for your employee or former employee
- Advising you on your employee’s case
- Interviewing your witnesses and preparing witness statements
- Dealing with all correspondence with your employee, their solicitors and Employment Tribunal
- Preparing instructions to a barrister to represent you at the hearing
- Preparing for and attending with you at the Employment Tribunal
- Advising you on the outcome of the case and the consequences of this.
This is a summary of the main steps that occur in most Employment Tribunal cases. The exact course of the case will depend upon the issues and how the parties approach it.
Costs
As every case is different, we cannot give a fixed price for an Employment Tribunal case. However, we can give broad estimates for short, medium complexity and complex and high value cases.
Short cases
These are cases that are expected not to last more than one day in the Employment Tribunal.
VAT will be charged at the current prevailing rate which at present is 20%.
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Our fees |
£6,000 – £9,000 plus VAT (£7,200 – £10,800 total) |
Barristers fees |
£3,000 – £4,200 plus VAT (£3,600 – £5,040 total) |
Medium Complexity cases
These are cases that are expected not to last more than two days in the Employment Tribunal and involve more complex legal issues.
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Our fees |
£12,000 – £18,000 plus VAT (£14,400 – £21,600 total) |
Barristers fees |
£6,000 – £9,000 plus VAT (£7,200 – £10,800 total) |
Complex and high values cases
These are cases that are expected to last more than two days in the Employment Tribunal and involve complex legal issues and/or high value claims.
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Our fees |
£18,000 – £50,000 plus VAT (£21,600 -£60,000 total) |
Barristers fees |
£15,000 – £40,000 plus VAT (£18,000 – £48,000 total) |
In all cases
We will give an estimate of costs before the case begins, work in stages and keep you updated and advised in relation to costs as the case progresses. Our fees are calculated on the time which we spend on your case and we charge based on an hourly rate which varies depending on the member of staff dealing with your matter. Our lowest hourly rate is £225 plus VAT (£270 per hour) and our highest hourly rate is £300 plus VAT (£360 per hour). We will provide you with details in relation to the members of the team who will work on your case, their level and qualification and status and their rates of charge was are based on their expertise and experience.
Disbursements
These are the expenses which are incurred on behalf of a party to proceedings during the course of the case. The main disbursement in Employment Litigation is the fee paid to the barrister. Please see above for estimated fees for a barrister to present you at the main hearing. There may be cases where it is appropriate to instruct a barrister for a preliminary hearing or to provide specialist advice. If so, we will advise you in relation to the cost of this.
There may be other expenses but there are no fees payable in the Employment Tribunal. The Employment Tribunal has the power to make deposit orders in weak cases and award of costs against a party to proceedings in certain situations. We will advise on you any situation where such an order may be made. You will not, however, recover all or part of your legal fees in bringing proceedings in the Employment Tribunal in the ordinary course of events.
What additional work may be required?
There are certain steps which are likely to take place before the commencement of the proceedings and others which may occur during the course of the case that are not included in the ‘Work involved’ section above and are likely to increase the costs of the case.
- Advising you on the law and of your prospects of success in the proceedings
- Advising you on the evidence that will need to be given to the tribunal in support of your case
- Assisting you in relation to ACAS Early Conciliation
- Additional hearings during the course of the proceedings or following the main hearing
- Postponement of a hearing or the adjournment of a hearing
- Advice on an appeal and any steps taken in relation to the appeal.
What is the timescale for the key stages
The timescale of proceedings is of importance to the parties to the case, but this can be difficult to predict in advance because many of the key stages will depend on the pressure of work in the Employment Tribunal from time to time. Shorter cases may be listed for hearing when the case is commenced, but the case may not be heard on that date. As a broad guide, the following are main time elements in the proceedings.
Before commencement of proceedings
ACAS Early Conciliation: 1 month
From submission of the claim to the tribunal
Issue of Claim and Response from Employer: 2 months
Preliminary Hearing (if listed): 2 –3 months
Disclosure of documents: 2 – 4 months
Final hearing (short case): 4 – 6 months
Final hearing (long case): 6 – 12 months
After the Final hearing
Written Judgment: 1 -2 months
Remedy hearing: 2 – 4 months
As we explain above, there are many factors that will influence the exact course a case takes and the timetable of events will can vary quite significantly from one case to another.
More information
We hope that this information is of assistance to you. During the course of the case, whether proceedings are issued or not, we will help you manage the costs of the case, by working in stages – for example of 5 or 10 hours at a time – and reviewing the position with you at the end of each stage.
If you have any questions about costs or in relation to the funding of employment litigation, please do not hesitate to raise these with us.
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Meet the Employment team
