Fees for bringing and defending claims for unfair and wrongful dismissal in the employment tribunal

Our estimated range of fees for advising you and representing you in bringing and defending a claim for unfair or wrongful dismissal are set out below. If there are additional free standing claims, for example for discrimination, or if there has been a dismissal by reason of whistleblowing or in connection with TUPE or there are allegations of discrimination linked to a dismissal, the costs are likely to exceed those set out. The potential compensation for a successful claim may also be higher. In such a case, we will give you an estimate of costs once we have the details.

We normally base our charges on hourly rates, which will vary depending on the seniority and experience of the lawyers who carry out your work. Our hourly rates range from £140 to £875 plus VAT.

NOTE: 

VAT is chargeable at 20%

We will also charge for disbursements that we pay on your behalf. This would mainly include any photocopying charges and courier fees and can typically range from £100 to £6,000. There will also be a cost for Counsel's fees. The amount will depend on the complexity of the case, the experience of the advocate and the number of days the case is listed for hearing in the tribunal, with fees typically ranging from £1,000 to £15,000 plus VAT per day for attending a hearing (including preparation).

The fees set out above cover services in relation to the following key stages of a claim:

• Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (which may need to be revisited throughout as the matter develops)
• Entering into pre-claim conciliation where this is mandatory
• Preparing the claim or response
• Reviewing and advising on claim or response from other party
• Preparing or considering a schedule of loss
• Instructions to and liaising with Counsel
• Preparing for and attending a preliminary hearing
• Agreeing a list of issues, a chronology and/or cast list
• Making or defending interim applications where necessary
• Exchanging documents with the other party and agreeing a bundle of documents
• Preparing bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Reviewing and advising on the other party's witness statements
• Preparing for and attending the final hearing

From taking your initial instructions to reaching the final resolution can take a varying length of time, depending largely on the stage at which your case is resolved, the conduct of the other party and the employment tribunal's timetable. A case that settles early on may only take four to eight weeks, while a complex case that proceeds to a final hearing can take up to 12 months or more. Once we have more information, and as a matter progresses, we will be able to give a more accurate timescale.

• Defending claims that are brought by litigants in person
• Preliminary issues requiring additional hearings (for example, questions relating to employment status, strike-out or deposit order applications and requests for specific disclosure of certain documents)
• Making or defending applications to amend claims or responses, or to provide further information about an existing claim or response
• The number of witnesses and documents
• The approach and litigation tactics adopted by the other party or their representatives
• Issues relevant to automatic unfair dismissal (for example, if an individual alleges that the reason for dismissal is that they have blown the whistle or sought to assert a statutory right)
• The number of days allocated for the final hearing
• Separate remedy hearings and/or costs applications
• Tribunal delays and postponements of hearings

If you would like to contact our Employment team, please click here.