Employment Tribunal – the costs

Cost Overview

You can fund a tribunal case in many ways. If you have other means to fund your claim, such as the coverage provided by your insurance policy, for instance, we will discuss this matter with you during our first meeting.

We can make room for different types of funding arrangements, such as damage-based arrangements. This is dependent on prospects and the value of your claim. Rest assured that we will explore all the options available to you on your first appointment with us.

Types of cases

It is a requirement of the Solicitor’s Regulation Authority (SRA) that we display information about the potential costs of bringing or defending a case of unfair dismissal or wrongful dismissal before the Employment Tribunal. It is rare that cases just concerning unfair dismissal or wrongful dismissal only are brought as often you will have additional claims to bring or defend which can make the case more complex and thus costly.

Costs guidance

Simple case: £5,000-£10,000 (plus VAT at 20%)
Medium complexity case: £10,000-£20,000 (plus VAT at 20%)
High complexity case: £20,000 -£50,000 (plus VAT at 20%)

The above is based on our hourly rates of £200 (plus VAT at 20%).

Factors that could increase the case’s complexity:

• If you need to create or defend applications to amend claims or to add more information about an ongoing claim.
• If you need to defend claims lodged by litigants in person.
• If you need to make or defend a costs application.
• If there are complicated preliminary issues involved, such as the claimant being disabled.
• If you are required to attend a preliminary hearing.
• If there are issues over the disclosure of documents or having to ask the Tribunal to order specific information be disclosed.
• The number of witnesses and their statements should be prepared and read.
• The volume and number of documents needed to be prepared.
• If you are involved in an automatic unfair dismissal (e.g. you’re dismissed after exposing your employer’s wrongdoings).
• If there are any allegations of discrimination tied to your dismissal.
• The number of claims you need to make.

Postponements are being done because of specific problems with the listing.

What are Disbursements?

Disbursements are the amount of money or fees related to your claims, such as medical report fees and fees paid so you can present your case to the Tribunal at a hearing for a barrister or representative. We will manage the payment of the disbursements for your convenience.

Advocacy fees are paid to counsel or advocates and they normally charge a higher first-day rate to include preparation depending on the time estimate for the case. This is called a brief fee and the more days a case is listed for the more this will be as the level of preparation will be higher. Brief fees estimated between £1,500 (plus VAT at 20%) to £2,250 (plus VAT at 20%) per day (depending on the experience of the advocate) for attending a Tribunal Hearing (including preparation). In addition to the brief fee, a lower daily rate is charged for the second and any further days of the hearing. This is called a refresher. A refresher is estimated at between £750 plus VAT at 20% to £1,000 plus VAT at 20% per day.

Medical proof

You may be required to present medical evidence in some instances. Doctors usually ask for payment for copies of your medical notes and report, which can be anywhere between £40 and £250. Costs can increase considerably if you need expert evidence from a medical specialist, such as when you need to prove that you are disabled during a disability case, or you need to show the emotional damage you incurred during a discrimination case.

If expert medical advice is needed, costs may range from £2,000 to £9,000, depending on the specialist and the work they need to render. We can ask specialists for quotations on your behalf in advance.

Essential stages

The fees indicated beforehand will provide coverage for all the work required in conjunction with the essential stages of a claim, as stated below:

• Doing the preliminary work such as reviewing documents and your initial instructions, and providing advice on the merits of your case and the amount of compensation you could receive.
• Facilitating a pre-claim conciliation, which is required to determine the possibility of a settlement agreement.
• Preparing the claim or response.
• Reviewing and providing advice on the claim or the response made by the other party.
• Exploring and negotiating the settlement.
• Preparing a schedule of loss if necessary.
• Making the necessary preparations for a Preliminary Hearing if necessary.
• Trading the required documents with the other party.
• Obtaining or drafting the statement of witnesses.
• Preparing and reviewing all the necessary bundles of documents.
• Reviewing and providing advice regarding the witness statements of the other party.
• Verifying and agreeing on the list of issues, chronology, or cast list.
• Making the preparations for the Final Hearing, including instructions to counsel.

Your fee will be smaller if some of the stages listed above are not deemed necessary. Also, you have the option to handle the claim on your own and only seek our advice when necessary. Please take note that the cost of making an appeal to the Employment Appeal Tribunal is not included in the fees quoted above. However, rest assured that we can make the necessary arrangements according to your specific needs.

Experience and qualifications of our lawyers providing employment tribunal services:
Edward Aston
Lorraine Emery
Rachael Jessop
Laura Webb

How long will it take to resolve my claim?

The answer to this question will mostly depend on the stage wherein your case is resolved. For instance, if both parties can reach a settlement during the pre-claim conciliation, it will take about 4 to 16 weeks to conclude your case. On the other hand, if you need to attend a Final Hearing, it could take 20 to 52 weeks to resolve your claim.

This is merely a rough estimate on our part, and we are more than happy to provide you with a more accurate assessment as soon as we obtain more information about your claim.

Recently, the Employment Tribunal is handling a significant number of hearings every day. As a result, new hearings must be scheduled 12 months in advance. Of course, this may not be the case with the Tribunal handling your claim. Also, it may take longer if you need to attend a preliminary hearing.

As such, it’s best to consult your solicitor regarding these matters, and they will provide you with the right estimate depending on the Tribunal that will hear your claim. Contact us today.