Employment tribunals: Our fees

Estimated fees for different categories of case

Simple case

Why might your case be in this category?

• Small amount of documentation
• Simple chronicle of events or factual background
• One or two witnesses on your side
• A final hearing of one to one-and-a-half days.

Our estimated fees: £9,000–£14,000 (+VAT)

Medium complexity case

Why might your case be in this category?

• Additional legal issues, such as whether the claimant has sufficient qualifying service to bring a claim
• A more extensive chronicle of events or factual background
• Two or three witnesses on your side
• A preliminary hearing
• A hearing of up to three days.

Our estimated fees: £14,000–£18,000 (+VAT)

Other factors to consider

Other factors that could make a case more complex and/or may affect the level of our fees (this is a non-exhaustive list):

• 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 number of claimants (eg. a group action brought by a number of employees made redundant)
• Making or defending a costs application
• Making or responding to other applications made during the proceedings (eg. for a financial deposit as a condition of proceeding with the claim, to strike out aspects of the claim, or for disclosure of additional documents, and dealing with the consequences of any orders made as a result of such applications)
• The location of the tribunal
• The number of witnesses and documents
• If there are complex compensation issues (eg. claimed pension losses)
• If there are extensive settlement negotiations, or if you wish us to become involved in early conciliation via ACAS (which is a precursor to employment tribunal litigation)
• If it is necessary to appeal, or ask for a reconsideration of, any aspect of a tribunal’s decision.

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 – if appropriate – to explore whether a settlement can be reached
• Preparing the claim or response
• 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 for case management
• Exchanging documents with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing bundle of documents
• 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 the barrister.

These stages are an indication. If some of stages above are not required, the fee will be less. 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 according to your requirements.

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, your case is likely to take four to six weeks. If your claim proceeds to a final hearing, your case is likely to take between nine and 18 months, depending on its complexity. This, of course, is just an estimate, but we will be able to give you a more accurate timescale once we have more information and as the matter progresses.

The majority of employment tribunal claims do not proceed to a full hearing, and instead reach a settlement either through conciliation via ACAS or through mediation. We will always discuss the merits of your claim/defence with you, and use that – and your wishes – to assess the merits of seeking a settlement on your behalf. If a settlement is reached, then the process may take a matter of weeks or months, depending on how long it has taken the parties to reach a point where settlement can be discussed. Our fees will then reflect the amount of work we have had to undertake in preparing your tribunal case in the meantime, and in negotiating settlement on your behalf.