We have experience in a wide range of employment disputes from simple unfair dismissal and contract claims to more complex whistleblowing, seven figure discrimination, jurisdictional, bonus, pension and fiduciary disputes.

It is difficult to predict costs for employment tribunal cases with any degree of certainty because costs will reflect the type of claim from the simple to the more complex as well as the number of issues and witnesses, the extent to which witnesses are able to provide cogent first drafts of witness statements and the volume of documentary evidence.

Other facts which could make a case more complicated could include: making or defending an application to amend a claim or to provide further documents or for information about a claim or for costs; defending claims brought by a litigant in person; where an employer considers that there is point of principle or of strategic importance at stake and decides to spend a disproportionate sum in resisting the claim; and where there are proceedings afoot in more than one country.

The value of a claim is also likely to be relevant in that a high-value claim may justify pursuing documents, issues and tactics which might be disproportionate in the case of a less valuable claim.

It is not always possible to know the value of a claim at the outset of a case because the ability of the Claimant to mitigate their loss may be unknown.

More information about our legal fees for Employment Tribunal Claims.

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 claim or response
• Reviewing and advising on claim or response from another 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 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 Counsel

The stages set out above are an indication and some of the stages above may not be required. 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.

How long will my 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 4 to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26 to 52 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.

An initial consultation for advice on a new contract of employment or a dispute arising whilst still employed, or after having left employment will usually involve a one to two hour meeting, review of your documentation and sending a confirmatory letter of advice. This work is charged at £280 per hour plus VAT and is likely to cost in the region of £500 to £1,000 plus VAT but the actual costs will depend upon the complexity of your instructions, the volume of documents and the issues.

Most statutory employment claims have a very short limitation period requiring prompt action on the part of an employee and it is therefore important that you act promptly or you may miss a limitation period.

Similarly, if you are still employed but you consider that your employer has done something fundamentally wrong then it is important to take speedy advice because if you continue to work but then wish to raise the matter at a later date, you may be deemed to have waived and lost the right to claim constructive dismissal.

We advise you to check your insurance policies to see whether you have “before the event legal expenses insurance” and, if so, whether it provides cover for an employment claim. If it does, then most policies will require prompt notification to your insurer. Many individuals have legal expenses insurance cover included within their home contents insurance without being aware of it.  If yours is a policy requiring you to use your insurer’s panel solicitor, then you may wish to see them in the first instance but at the point where you are ready to issue the claim, you should be free to choose your solicitor.