Employment - Tribunal representation for Businesses

No employment claim is the same. They are as individual as the issues that led to a dispute and the employee and employer themselves. Therefore, we are unable to offer a fixed fee for this service. The average total fee incurred by employers or employees in bringing a claim before an Employment Tribunal is between £15,000 and £20,000 (inclusive of VAT). Our fees will reflect the particular requirements of the dispute and we cannot give you a reliable estimate of the cost of us helping you until we have more details about the dispute case whether it is simple, medium or high complexity, the issues at stake and how it arose.

We will need to establish if there are other claims being brought within the unfair/wrongful dismissal claim, such as discrimination or whistleblowing as this will increase cost estimates.

Factors that could make a case more complex include:

  • Whether 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 and/or an employer does not have legal representation
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties) or the correct parties to the proceedings
  • The number of witnesses and documents
  • The length of any preliminary hearing or final hearing
  • Whether a further hearing is required to establish the amount of compensation awarded
  • If it is an automatic unfair dismissal claim e.g. if the dismissal occurs after blowing the whistle on an employer
  • Allegations of discrimination which are linked to the dismissal

Key stages

The stages set out below are an indication of some of stages which may be addressed in a contested employment dispute. The stages assume that the other parties to any dispute will be cooperative and not vindictive and that those requested to undertake certain tasks will do so in the within the time scales asked.

  • Taking initial instructions, reviewing the papers and employment handbooks, contracts of employment and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
  • Sending/reviewing a letter before action
  • Obtaining/reviewing any medical and Occupational Health reports
  • Entering into pre-claim conciliation with ACAS – this is a mandatory step that all employees have to take to explore whether a settlement can be reached prior being allowed to issue proceedings
  • Preparing claim or response
  • Reviewing and advising on claim or response 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, known as ‘disclosure’, either in relation to preliminary matters and/or in relation to the case generally
  • Taking witness statements, drafting statements and agreeing their content with witnesses either in relation to preliminary matters and/or in relation to the case generally
  • Preparing bundle of documents for use at the preliminary hearing, final hearing or remedy hearing
  • Reviewing and advising on the other party's witness statements
  • Preparing for (and attending) a Preliminary Hearing
  • Agreeing a list of issues, a chronology and/or witness list
  • Attending any conferences/meetings with barristers that may be required
  • Reviewing any papers such as skeleton arguments received from barristers
  • Preparation and attendance at preliminary hearings, final hearings or remedy hearings
  • Receiving payment/settlement money
  • Negotiating drafting a form of Settlement Agreement which may include internal staff announcements and an employer’s reference

How much will bringing/defending a claim cost?

We will also establish with customers at an initial interview if other funding options available, such as cover under a legal expenses insurance policy and or Trade Association/Trade Union membership.

Our lawyers’ hourly charges rage from £ 144 (trainee solicitor and paralegals, inclusive of VAT) to £300 (Head of Employment Practice Area, inclusive of VAT).

Our fees for initial advice start from £600 (inclusive of VAT).  A fully defended Employment Tribunal claim could cost from £15,000 to as much as £50,000 (inclusive of VAT) depending on the length of the hearing and complexity of the issues raised.  On average, most straightforward unfair dismissal/wrongful dismissal claims cost between £10,000 to £20,000 (inclusive of VAT).

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as:

  • Company search fees
  • Mediators fees if a matter is tried to be settled via mediation
  • Medical and Occupational Health reports

We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel's fees can range from £1,000 to £3,000 (inclusive of VAT) per day (depending on experience of the Barrister and the complexity of the matter) for attending a Tribunal Hearing (preliminary, final or remedy, including preparation).

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved.

We cannot guarantee how long the Employment Tribunal will take to allocate Tribunal time to any particular matter.

If a settlement is reached during pre-claim conciliation, your case is likely to three months.

If your claim proceeds to a Final Hearing, your case is likely to take 12 to 18 months. 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.

Next steps

If you would like to instruct us, or to learn more about our Employment services, please visit our key contact details. Alternatively, you can email your enquiry to us or visit our Employment pages for further information.

Should you wish to meet our team of experienced and talented staff who would be responsible for progressing your matter then please click here.