Employment Tribunal

Illustrative fees:

These illustrations assume the work is carried out by a junior-level solicitor in our Newcastle office with an indicative hourly rate of £210 plus VAT, supervised by an Associate, Senior Associate or Partner.

The above fee illustrations exclude the following, which arise in some cases:

• preparing for (and attending) additional Preliminary Hearings;
• making or opposing unexpected applications for Orders from the Tribunal;
• complying with Tribunal Orders, other than standard directions for disclosure of documents, preparation of bundles and exchange of witness statements;
• instructing counsel or expert witnesses;
• preparing for and attending a separate Remedy Hearing;
• making or opposing any appeal.

Variables that may make a case more complex and/or affect the fee estimates

They are also illustrative estimates only. The total cost of the service is dependent on a number of factors that may render the case more complex or affect the fee estimates potentially leading to increases such as:

• the complexity and value of the case;
• the volume of documents relevant to the case;
• the number of claimants involved and whether they are legally represented;
• the number of respondents involved and whether they are legally represented;
• the number of witnesses;
• whether there are any additional preliminary hearings ahead of the final hearing;
• whether the case is withdrawn or settles early on or is contested all the way to a final hearing;
• any subsequent remedy hearing if required;
• whether it is necessary to make or oppose applications for orders from the Tribunal;
• whether you wish to deal with any aspects of case preparation yourself (as this could reduce the costs)
• the charging structure and arrangements agreed at the outset;
• making or defending a costs application;
• complex preliminary issues such as whether the Claimant is disabled (if it is not agreed between the parties);
• if there is an argument that the dismissal was automatically unfair and/or there are whistleblowing arguments (e.g. if the employee is claiming that they were dismissed for blowing the whistle);
• any other allegations of discrimination that may be linked to the dismissal;
• other additional requirements of the Tribunal (e.g. to prepare and agree a list of issues chronology or cast list).

The actual cost of the representing you in the context of a wrongful and/or unfair dismissal claim could be less than the fee illustrations above if, for example, the case settles early or the matter does not proceed to example, disclosure, witness statements or a final hearing.

The actual cost of the service could also be significantly higher, depending on the facts of the case.

• Taking initial instructions, reviewing the papers and advising on merits, weaknesses and likely compensation (this is likely to be revisited throughout the matter and subject to change).
• Preparing and filing a claim and/or a response.
• Reviewing and advising on claim or response from the other party.
• Preparing the schedule of losses and/or considering and advising on the claimant’s schedule of loss.
• Preparing and/or attending preliminary hearing.
• Exploring settlement as and when appropriate throughout the process.
• Collating and considering relevant documents, exchanging documents with the respondent and/or claimant.
• Considering and advising on the other side’s documents.
• Agreeing and preparing a bundle of documents for the Final Hearing.
• Taking, preparing/drafting and exchanging witness statements and considering and advising on the content of the other side’s statement(s).
• Agreeing a list of issues to be decided by the Tribunal at the final hearing, a chronology and/or cast list where appropriate.
• Preparation for and attendance at Final Hearing and advising on outcome. Instructing Counsel to attend the hearing if deemed appropriate.

The stages set out above are an indication and if some of the stages above are not required, the fee may be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This will reduce your costs and can also be discussed and arranged on your individual needs.

Disbursements are costs related to your matter that are payable to third parties, such as court fees. Whilst Tribunal fees have been abolished there are plans to reintroduce them in time.

Other costs that may be incurred on your behalf include:

• Travel costs. Travels costs are usually by rail (standard class open returns).
• Hotel costs. We will book hotels at the best rate reasonably available.
• Large photocopying charges. Photocopying charges are 15p per side.
• Instructing a medical, career, occupational expert where necessary.
• In some cases we may instruct a barrister (counsel) to be used, for example for the advocacy at the hearing or to advise on a particular point of law. The amount charged by barristers varies according to seniority and would be agreed with you before being incurred.

VAT is charged on other costs at 20%.

The time that it takes from taking initial instructions to the final hearing and/or resolution of a matter depends largely on the stage at which the case is resolved. If, for example, a settlement is reached during pre-claim conciliation, the case is likely to take four to eight weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

If the claim proceeds to a Final Hearing, then its likely duration depends how complex the issues are and how long the hearing is estimated to last and/or when it can be listed by the Employment Tribunal. For example, a simple wrongful dismissal claim with a time estimate of half a day is likely to take around three to four months to complete. In contrast, a complex unfair and wrongful constructive dismissal scheduled to be heard over three or more days could take 18 months or more to conclude.

This is illustrative only and we can give more accurate timescales when we have more information as the matter progresses.

You may have an insurance policy under which your insurer may be liable to cover your legal costs in this matter, provided that they are satisfied that your claim has more than 50% chances of success. We therefore recommend that you check your insurance policies and we can discuss this with you at the start of a matter.

We are specialist employment lawyers and have fee earners, solicitors, associates, senior associates and partners from 3 to over 20 years’ plus experience in employment law and who deal with Employment Tribunal claims in England and Wales. All of our solicitors are admitted to the roll in England and Wales. Our solicitors may also be assisted by a paralegal or trainee.

The wide range of qualifications and experience within our Employment team means we can ensure the right people do the right level of work for you. Our supervision policy ensures all of our advisers and the work that they carry out is appropriately supervised in accordance with the SRA Code of Conduct.

The experience and qualifications of those carrying out the work on any particular case will depend on matters such as the complexity and value of the case and whether any special knowledge is desirable or required. Such matters are discussed and agreed with you on a case-by-case basis

You can find details about our team by clicking on this link. Our People – Our lawyers are highly recommended by leading independent legal guides in the Legal 500 and Chambers and Partners.