Unfair dismissal/ wrongful dismissal Tribunal Claims

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Examples below of the range of costs we would expect to charge in certain cases for our Services.

The illustrations below are based on our standard hourly rate of £375 plus VAT (charged @20%).

1. For a non complicated claim such as an unlawful deduction of wages or simple unfair dismissal claim where we would advise an employer throughout and up to and including representing them at a one day final hearing, the likely fee range is between £7,500 and £10,000 plus VAT (charged @20%).

2. For a more complicated multi day employment tribunal claim involving multiple witnesses, a substantial tribunal bundle and in which the issues are more complicated (eg whistleblowing and or discrimination), the fee range could be between £12,500 and £25,000 plus VAT (charged @20%).

3. For a very complex large claim involving at least 7 days hearing, multiple hearing bundles and several witnesses and involving multiple heads of claim the fee range could be between £25,000 to £100,000 plus VAT charged at 20%.

These fee range example illustrations exclude the following, which do arise in some cases:

- preparing for and attending more than one Preliminary Hearing

- complying with any additional non standard Tribunal Orders, other than standard directions for disclosure of documents, preparation of bundles and exchange of witness statements

- instructing counsel or in some cases, expert witnesses such as medical experts.

- making or opposing applications for Tribunal Orders such as specific disclosure or requesting further information on a claim

- preparing for and attending a separate Remedy Hearing (note some final hearings will determine liability only and remedy is dealt with separately)

- making or opposing any appeal

For avoidance of doubt these are only illustrative estimates. Also note in some cases the fees charged may be less that those estimates where there is an appetite to settle early on commercial grounds for example.

Clients must be aware that the total cost of the services provided in litigation is not always predictable and we will look to keep the client updated where possible along the way. 

Other factors 

The total cost is also subject to other variables such as;

-The overall value of the claim

- The issues to be determined and their complexity

- The numbers of parties and witnesses involved and where there are litigants in person this can inevitably increase an employer’s costs

- Whether the claim at the final hearing is substantively the same as the one pleaded

- Whether the claim goes to a final hearing or is settled beforehand

- The amount of documents

- Whether the client is “hands on” in assisting us in some aspects of the claim such as disclosure

- The number of additional case management and or preliminary hearings that are required

- Whether the client wishes to contest the matter and their appetite to litigation risk.

Key stages of an employment tribunal claim

Stage 1: Receipt of papers (usually ET1 (which is the claim form outlining the case and the nature of the dispute) and personnel file) and taking initial instructions and providing an initial merits advice note and if required dealing with Acas early conciliation.

Stage 2 Drafting the ET3 (the response form) and Grounds of Resistance (detail of response).

Stage 3 Complying with initial Tribunal case management orders and in the light of these, advising on the Claimant’s schedule of loss, dealing with disclosure and exchanging documents with the other parties and preparing a bundle of documents for any Preliminary or Final Hearing.

Stage 4 Preparing witness statements and advising on the other parties’ witness evidence.

Stage 5 Preparation for and attendance at any Final Hearing, including a cast list, list of issues and a chronology, and advising on the outcome. 

We will also instruct counsel to attend any final hearing and in some cases a meeting with counsel is set up in advance of the hearing. The costs of which will be agreed with you in advance.

At all stages, advice will be given on settlement and litigation risk.

Disbursements 

In a straightforward employment tribunal claim the client is likely to be liable for the following disbursements (which are costs related to the claim payable to third parties);

- Counsel’s fees for either drafting certain legal documents during litigation, meeting with the client to discuss the case before a hearing (charged usually at their hourly rate plus VAT at 20%) or more commonly, attendance at a preliminary or final hearing, which may included travel and accommodation costs if the hearing isn’t local. 

(Please note that Counsel‘s fees can vary enormously and are dependent on their location and year of call, (ie how long they have been qualified as a barrister). 

By way of example, a senior experienced barrister in a North West practice may charge circa £6,000 for an initial brief fee to attend a final hearing with additional daily “refresher” fees of circa £1,250 charged for additional days that require attendance. 

- Copying fees for hearing bundles (15p per page)

Most disbursements (including counsel‘s fees) will be subject to VAT charged at 20%.

All disbursements will be agreed in advance with the client and usually we will offer a range of counsel that we have worked with previously for attendance at the hearing. We will handle the payment of disbursements to make the process smoother.

As stated in our terms of business our hourly rates can vary dependant on the matter, ranging from £300-375 an hour plus VAT (@20%).

Where applicable we will look to enquire whether there are other funding options that may be available such as insurance.

Please contact Stephen Robinson should you have any specific questions regarding our fees.