what do you charge for an employment tribunal case?

Our fees are normally based on the time spent on a matter and are charged on an hourly rate basis. Our current rates are from £180 to £300 per hour (plus VAT).

An estimate of our fees for employment tribunal cases are:

  • Simple case: £5,000 – £8,000 (plus VAT)
  • Medium complexity case: £8,000 – £12,000 (plus VAT)
  • High complexity case: £12,000 – £20,000 (plus VAT)

What does the estimate cover?

The estimate includes all work related to the following key stages of a claim:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation. (This is likely to be revisited throughout the matter and subject to change)
  • Entering into pre-claim conciliation with ACAS (where mandatory) to establish whether settlement can be reached
  • Preparing a claim or response
  • Reviewing and advising on a claim or response from the other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss
  • Preparing for (and attending) a Preliminary Hearing
  • Disclosure of documents and exchanging documents with the other party
  • Preparing and agreeing a joint bundle of documents
  • Drafting and preparation of witness statements and agreeing their content with witnesses
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation and attendance at the Final Hearing, including instructions to Counsel and submissions

The stages set out above are an indication only. Each case is different.

You may prefer to handle the claim yourself using our advice on key stages, rather than instruct us to handle all of the stages set out above which will reduce the level of our fees. We will be happy to arrange for this with you.

What factors may make a case more complex and increase fees?

The cost of a case relates directly to its complexity. Some of the factors that could make a case more complex include:

  • The need to make or defend applications to amend claims or provide further information about an existing claim
  • Defending claims that are brought by litigants in person (where your opponent chooses to represent themselves)
  • Making or defending the application (such as for additional disclosure, costs or for further and better particulars)
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents involved
  • Automatic unfair dismissal claims e.g. if a claimant is dismissed after blowing the whistle on their employer
  • Allegations of discrimination which are linked to the dismissal

Will there be any additional charges?

As well as our fees, you should allow for additional charges. As a guideline, these are as follows:

  • There is an additional charge for attending a judicial mediation if agreed between the parties and the Tribunal. Fees for a one-day mediation are £2,500 (plus VAT). These fees include all preparation and attendance.
  • Counsel’s fees are estimated between £750 to £1,500 per day plus VAT (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
  • There will be additional fees for attending the final hearing of £1,500 per day (plus VAT). Generally, we would allow a maximum of 6 days depending on the type and complexity of your case. Where there are multiple claims, a final hearing could exceed 6 days.
  • If a hearing is adjourned within two weeks of the listed hearing, additional costs will be incurred for Counsel where instructions have already been sent.
  • Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

How long will my matter take?

The time 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.

If a settlement is reached during pre-claim conciliation with ACAS, your case is likely to take up to 4-6 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take 6 – 15 months depending on the time estimate for hearing and availability of the Tribunal at which the claim will be heard. Where a separate remedy is listed, this can add a further 4 months to the above estimates.

This is just an estimate, and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.

what do you charge for other types of work?

For other types of employment work, we will provide you with a separate estimate based on our hourly rates. Our current rates are from £180 to £300 per hour (plus VAT).

do your offer fixed fees?

We offer fixed fees for some types of work:

Settlement Agreements:

We usually deal with advice related to the terms of a settlement agreement on a fixed fee basis. We discuss details of our fees when we first talk to you.
Employers will generally make a contribution to cover your legal fees. The amount your employer offers should be included in the terms of the settlement agreement.

Drafting employment contracts and/or service agreements:

We usually offer a fixed fee when drafting an employment contract or a service agreement. The level of our fees depends on the complexity of the document that is required. We will discuss details of our fees during our initial contact with you.

Advice relating to an employment contract and/or service agreement:

We usually offer a fixed fee for advice related to an employment contract or a service agreement. Our fees depend on the complexity of the document that you require advice for. We will discuss details of our fees when we first talk to you.

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