Pricing for employment tribunal  claims

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;
• 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;
• The number of documents;
• If it is an automatic unfair dismissal claim e.g. where an employee is dismissed after blowing the whistle on their employer; and
• Allegations of discrimination which are linked to the dismissal.

There will be an additional charge for attending a Tribunal Hearing at the estimated fee of £1,400 – £2,000 per day (excluding VAT) and travelling expenses depending at which court your case is being heard. Generally, we would allow 1 to 3 days depending on the complexity of your case.

The above costs are based on an hourly rate of between £200 and £350 plus VAT per hour. 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barristers’ fees. They will be payable in addition to the above fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. We will confirm what disbursements are likely once we know the details of your case.

Barristers' fees will depend on the experience of the advocate, the length of the hearing and level of preparation required. These can range from £500 to £3,000 per day plus VAT.

Alternatives to paying privately

There may be other options to funding your legal costs rather than you paying for these privately, as detailed below:

• Legal expenses insurance: your home and contents insurance, car insurance or even credit card insurance may provide cover for you for any employment tribunal claims and is worth looking at this document in the first instance;
• Trade union or other membership organisation: you may be affiliated to a professional body who may agree to assist you with your legal costs or provide legal representation and you should check to see if you have this;
• Damages-based agreement (DBA): A DBA is a “no win, no fee” agreement and in some cases we may be able to offer this type of arrangement to clients following a thorough case assessment, which will be charged at our usual hourly rate. If a DBA is suitable in the circumstances and in your interests, then we can discuss the possibility of a DBA with you. You need to be aware that if you win your case, we will receive a percentage of what a tribunal awards you, usually 29% plus VAT. The DBA will not cover any disbursements and you will still be expected to pay for these, such as expert or barristers' fees up front. If you lose your case, under the DBA you will not be liable for the payment of our fees, only the payment of any disbursements. Whilst legal costs are not generally payable in a tribunal, if you lose your case and a costs order is made against you, then you will be liable for any legal costs an Employment Judge assesses in the circumstances. This is incredibly rare in employment tribunal cases and would need you to act unreasonably in the circumstances.
• Running the tribunal procedure yourself: the tribunal procedure is intended to be user-friendly and accessible to all so there is always the option for you to run your own case if required. We can also help you at various stages in the tribunal process as and when you need assistance, for example, drafting witness statements or putting together a Schedule of Loss. We are always happy to be as involved as you need us to be.
  

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 ACAS early conciliation, your case is likely to take around 6-12 months for  a simple claim. For a more complex matter, it could be as long as 12-18 months for your case to be heard at a Final Hearing, including any preliminary hearings. 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.

The pandemic has meant that cases are taking longer to progress through the tribunal system and there have been significant time delays experienced as a result.

Who will carry out the work?

• Hifsa O'Kelly, Employment Partner.
• Andrew Macmillan, Employment Solicitor.
• Marc Jones, Employment Solicitor.
• Rachel Bateman, Employment Solicitor.
  
• Verona Cocks is the partner with overall responsibility for the department and will deal with the necessary managerial aspects, but is not an employment law specialist and will not be undertaking the work.