Employment Tribunal Pricing For Employers
We regularly advise employers of all sizes across a wide range of industries on dealing with employment tribunal claims, early conciliation and other options for resolving employment disputes.
As an employer you have a legal duty to provide a fair working environment that complies with all relevant legislation, while still needing to be able to manage your workforce effectively. If an employee has raised an issue or made a claim to an employment tribunal, it is essential to have the right expert advice to protect your business and reputation.
Our expert employment lawyers can guide you through each step of the process of dealing with an employment dispute, removing as much stress and uncertainty from the situation as possible. We can help you secure the best available outcome for your business as efficiently and cost-effectively as possible while minimising any negative impact on your commercial interests.
Our expert team have years of experience handling both straightforward and highly complex employment disputes at every level, from negotiation and early conciliation through to employment tribunal hearings and employment appeal tribunal proceedings.
We appreciate that getting the right result is only one of the concerns when dealing with an employment dispute – protecting your reputation and making sure the matter is dealt with efficiently are often just as important. We therefore tailor our approach to your priorities, making sure we resolve your matter in way that works for you and your business.
Value for money and overall costs are important factors for any business, so we will provide you with an estimate at the outset, notify you if we think that estimate is likely to change and keep you updated on costs regularly. That way you can budget appropriately and be confident that we are handling your case cost-effectively.
Whether you wish to settle a claim or fight it at tribunal, we will provide an honest assessment of the situation and commercially-focused advice to make sure you are pursuing the best strategy for your business.
We are proud to hold the Lexcel Accreditation issued by the Law Society. This involves the firm undergoing a rigorous annual audit process which ensures we maintain the highest levels of client care.
Our fees for defending claims brought against your business for unfair and wrongful dismissal are based on three bands, which we will be happy to discuss with you.
We will advise you of the funding options available to you, for example, using any commercial legal expenses insurance your business is covered by.
There are various items we will consider when deciding what pricing band your case falls into. We will make this assessment and inform you of the relevant fees at the earliest opportunity.
Factors that may influence this include:
- Reviewing the steps taken by you during employment including in response to the claim / potential claim
- Responding to a claim that has been made against you
- Reviewing documentation received setting out the factual and legal basis of the claim
- Reviewing/preparing witness evidence
- Reviewing/preparing expert evidence
- The attitude adopted to their claim by the claimant
- Responding to Orders made by the Tribunal
- Any applications to a Tribunal we need to make on your behalf
- Whether an Employment Tribunal hearing is required
Anticipated Length of hearing
Cost/Range of Costs
Counsels fees (including vat)
Simple case typically (1) wages; holiday pay, redundancy pay, (2) failure to provide; pay slips, a contract, written reasons for dismissal, no preliminary hearing standard directions
1 day or less
Medium complex case typically: unfair dismissal, wrongful dismissal, breach of contract no preliminary hearing standard directions
High complex case typically: discrimination, whistleblowing, equal pay, flexible working, TUPE related claims, family rights claims, restrictive covenants, preliminary hearing (Senior Counsel) standard or non-standard directions
Attending tribunal hearing per day*
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.
Counsel's fees estimated as set out in the above table (depending on experience of the advocate) for attending a tribunal hearing (including preparation).
Exclusions and Factors Which May Make a Case More Complex
In the event that the issues become more complex, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.
Factors that may lead to an increase in cost include:
- 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
- The attitude adopted to their claim by the claimant and their conduct during the proceedings
- Making or defending a costs application
- Complex preliminary issues such as whether or not there has been a dismissal or if the claimant is disabled (if this is not agreed by the parties)
- The number of witnesses and the extent to which they cooperate with you and us
- The number of documents that are relevant to the issues in the case and the time it takes to organise them (prices quoted are based on documents not exceeding 450 pages)
- If the claim relates to an automatic unfair dismissal claim e.g. if an employee claims they were dismissed after blowing the whistle on your business
- If the claim involves allegations of discrimination
- If the claim arises from lengthy processes such as performance or capability
- If the matter has been dealt with by a number of different people within your organisation
- Mediation takes place
- The location of the Employment Tribunal (if further way than Reading or Southampton).
- A last-minute adjournment of the hearing
- The final hearing lasts longer than it is listed for
- The remedy is not determined at the final hearing
The time that 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, your case is likely to take 2-6 weeks. If your claim proceeds to a final hearing, your case is likely to take 35-60 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 and once the Employment Tribunal gives a final hearing date.
There are key milestones, which may vary according to individual circumstances. They may be as follows:
- Taking your initial instructions
- Reviewing the papers and advising you on the merits of the claim being brought against you and likely compensation an Employment Tribunal might award if the claim is successful (this is likely to be revisited throughout the matter and subject to change as documents and evidence become available)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
- Preparing your response to the claim
- 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 for the hearing
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Preparing a bundle of documents for the hearing, providing copies for the Judge and wing members
- Reviewing and advising on the other party's witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation for and attendance at final hearing, including instructions to Counsel