Price transparency – typical Employment Tribunal costs
The Solicitors Regulation Authority has published Transparency Rules to ensure consumers have the information they need to make an informed choice of legal services providers, including understanding what the costs may be in relation to certain matters.
We’re always more than happy to discuss what work is likely to be involved and the potential associated costs when dealing with your employment law needs.
The following information sets out information relating to the potential fees that employers and/or individuals would likely incur in bringing or defending claims in an Employment Tribunal.
Please note that the figures set out below are illustrative and that they do not constitute an individual quote or fixed fee. Please note that illustrative costs stated below exclude disbursements (monies that we pay to third parties on your behalf (e.g., barrister or expert fees)) and any travel and/or accommodation expenses. More information regarding these additional costs can be found below.
Please note that you may also have other funding options available (such as cover under an insurance policy). If you do have any insurance in place which covers employment law disputes then we would always recommend that you contact your insurer at the earliest possibility.
Type of case
STANDARD COMPLEXITY EMPLOYMENT tribunal case
A relatively straightforward case involving a single main allegation or unfair dismissal and/or wrongful dismissal with no preliminary hearings and a requirement for us to draft and prepare up to two witness statements.
Length of final Employment Tribunal hearing - 1 or 2 days
Length from start to finish of case - 6 – 9 months
Illustrative cost for bring or defending the case - £7,500 to £12,500 plus VAT @ 20% and disbursements
Medium complexity EMPLOYMENT TRIBUNAL case
A more detailed case containing more complex legal allegations (e.g., discrimination, whistleblowing, or automatic unfair dismissal) with no more than one case management hearing and a requirement for us to draft up to four witness statements.
Length of final Employment Tribunal hearing - 2 to 3 days
Length from start to finish of case - 6 – 12 months
Illustrative cost for bring or defending the case - £12,500 to £20,000 plus VAT @ 20% and disbursements
High complexity EMPLOYMENT TRIBUNAL case
A case involving multiple allegations, often involving allegations of discrimination, whistleblowing or automatic dismissal and a requirement on our part to attend one or more case management hearings and draft an prepare several witness statements
Length of final Employment Tribunal hearing - 3 to 5 days
Length from start to finish of case - 6 – 18 months
Illustrative cost for bring or defending the case - £20,000 to £35,000 plus VAT @ 20% and disbursements
In all cases we typically charge based on our standard hourly rate for solicitors which is presently £300 plus VAT.
Complicating factors
Please note that in the most complex types of discrimination, whistleblowing and automatic unfair dismissal cases that costs could potentially exceed the figures set out above.
Example factors that could make a case more complex (and expensive) include the following:
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;
making or defending a costs application;
dealing with complex preliminary issues (such as whether a claim has been brought within the applicable time-limits);
the number of witnesses and documents;
the length of the hearing; and
Postponements.
Generally, we would allow 1-5 days for an Employment Tribunal Hearing, depending on the complexity of your case (although the length of your hearing could be outside of this range and is ultimately determined by the Employment Tribunal itself).
Disbursements
Disbursements are costs related to your matter payable to third parties such as barristers and/or experts. As our client you would be responsible for all sums charged by such third parties. We may arrange for you to be invoiced direct by them or we may handle the payment of disbursements on your behalf to ensure a smoother process. Employment Tribunals do not currently charge fees for bringing or defending claims but there may be courier or copying charges, for example, in preparing disclosure or bundles of documents for the Employment Tribunal.
Barrister’s fees
In common with many other firms is our standard practice to instruct a barrister to conduct the advocacy in all Employment Tribunal final hearings. We have, over the years, built up close working relationships with a number of specialist employment barristers, of varying experience and cost across Leeds, Manchester and London.
The fees associated with a barrister will depend on the specific barrister, their experience, the complexity of the issues, the volume of documentation, the amount of work they need to undertake and the length of the hearing. They also vary between barristers’ chambers as different chambers have different fee rates. However, as a guide, barrister’s fees may be between £1,500 to £5,000 plus VAT for preparing a straightforward or medium complexity case or £5,000 to £15,000 plus VAT for preparing a high complexity case case (in both cases including the barrister’s attendance on the first day of the final Employment Tribunal hearing (known as a "brief-fee")) and thereafter an additional fee (known as a “top-up fee") of between £850.00 - £3,500 plus VAT (depending on the seniority of the chosen barrister) for each additional day of attendance by the barrister at the Employment Tribunal .
PLEASE NOTE THAT IT IS THE POLICY OF HARRINGTON LAW THAT CLIENT’S MUST PAY ALL ANTICIPATED BARRISTER’S FEES IN ADVANCE WHEN REQUESTED.
Key stages
In our experience the bringing or defending of Employment Tribunal claims involves the following key stages:
taking your initial instructions, reviewing the papers and advising you on merits and potential compensation (this is likely to be revisited throughout the matter and will be subject to change);
entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
preparing your claim or response (as applicable);
reviewing and advising on the 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;
exchanging documents with the other party and agreeing a bundle of documents;
taking witness statements, drafting statements and agreeing content with witnesses;
preparing a bundle of documents for trial;
reviewing and advising on the other party's witness statements;
agreeing a list of issues, a chronology and/or a cast list; and
preparation and attendance at a Final Hearing, including giving instructions to a barrister.
How long will my case take?
The time that it takes from receiving your initial instructions to the final conclusion of your matter will depend on the specific circumstances. If a settlement is reached during pre-claim conciliation, your case could take 4-8 weeks. If your claim proceeds to a Final Hearing, your case could take 6-18 months. However, these are just estimates and Employment Tribunal resources are under particular strain at present, and there are currently substantial delays in getting hearing dates, especially for longer hearings. We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses. Please contact a member of our team to discuss in more detail.
Additional charges
Depending on the nature and type of your claim, it may be possible for one or more of the following scenarios and associated costs to arise:
attending a judicial mediation or judicial assessment - £1,000 – £1,500 plus VAT per day, together with preparatory costs of between £1,000 to £1,500 plus VAT; or
lodging or responding to a Notice of Appeal to the Employment Appeal Tribunal at the cost of £1,000 to £2,500 + VAT (excluding barrister’s fees).