Our Pricing for Defending Claims in the Employment Tribunal for Unfair or Wrongful Dismissal

The pricing detailed below is an estimate only. It is not intended to be a binding quotation for defending a claim for unfair or wrongful dismissal. Each case is different and we will agree our charges with you at the outset of the case. In some cases we may be prepared to offer a fixed price for the work involved but this depends upon our assessment of the particular case.

In most cases our costs will include:

(a)    Our profit costs; and

(b)   Disbursements – these are costs related to your matter that are payable to third parties, such as courier fees, medical or other report fees. We handle the payment of the disbursements on your behalf to ensure a smoother process;

(c)    Barrister’s fees – we will always instruct a barrister to represent you at any hearings. 

Our profit costs

Set out below are the average costs of defending claims in the Employment Tribunal for unfair or wrongful dismissal. These figures may however vary depending on the circumstances of the case. That is why we will always give you an individual costs estimate at the start of the claim which will take into account the individual circumstances of your case.

Our costs are based on the amount of time we spend working on your case. Our hourly rate for this type of work is £250 per hour (plus VAT at 20%).

Simple case:  £7,500 (plus VAT at 20%)

Medium complexity case: £9,000 (plus VAT at 20%)

High complexity case: £12,500 (plus VAT at 20%)

Examples of factors that could make a case more complex:

• 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.
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties).
• The number of witnesses and documents.
• If it is an automatic unfair dismissal claim e.g. if you dismissed someone for  “blowing the whistle”.
• Allegations of discrimination which are linked to the dismissal.

There will be an additional charge for attending Tribunal Hearings of £1,500 per day (plus VAT at 20%). Generally, we would allow 2-3 days of hearings depending on the complexity of your case.

Disbursements

In most cases there will be very few disbursements. Depending on the nature of the case some examples are:

(a)    Courier fees – to deliver important documents to the Tribunal, the other side or to your barrister. These would not normally exceed £100.

(b)   Medical reports – in cases involving disability medical reports may be required. The costs vary depending upon whether the report is provided by a G.P. or a consultant. The average cost of a medical report is approximately £150 plus VAT (at 20%).

In every case we will tell you the proposed disbursement and the cost before it is incurred.

Barrister’s fee

Estimated between £1,000 to £1,750 plus VAT (at 20%) per day (depending on experience of the barrister) for attending a Tribunal Hearing (including preparation).

Key stages

The fees set out above cover all of the work in relation 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 where this is mandatory to explore whether a settlement can be reached;
• Preparing a Defence.
• Reviewing and advising on claim or response from 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.
• Preparing a hearing bundle of documents.
• Taking witness statements, drafting 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 Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs. There is usually no need for us to attend a Tribunal hearing when a barrister has been instructed to represent you at that hearing.

How long will your matter take?

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 no more than a few weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9 to 12 month. 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.

Who will carry out the work on your case?

Your case will be handled by Chris Macwilliam who is head of our Litigation Department and s a member of the Employment Lawyers Association. Click the link here to see his profle