Employment Tribunal Costs

Costs for a personal Wrongful Dismissal Claim

Range of costs for Individual Customers bringing wrongful dismissal claims

Our team, which operates from offices in Grimsby, Cleethorpes, Lough and Mablethorpe, has many years of collective experience in providing high quality representation to individuals bringing claims for wrongful dismissal* against their former employer.

Key stages

In the table below, we set out an indication of the likely stages that would be involved in bringing a claim for wrongful dismissal. Based on our experience, we also set out the likely number of hours (as a range) that each stage might take. By way of example, the difference in the number of hours for each stage reflects how complicated the relevant work in that stage is, or how many documents are involved.

Stage in Legal Proceedings Hours of work
Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation 2 – 6
Entering into pre-claim conciliation* where thisis mandatory to explore whether a settlement can be reached 2 – 4
Preparing the claim form* outlining your case and the nature of the dispute 2 – 5
Reviewing and advising on the response to the claim form* 1 – 2
Exploring and negotiating settlement throughout the process 1 – 5
Preparing a schedule of loss* 1 – 2
Preparing for (and attending) a 1/2 day preliminary hearing*. (This is unlikely in a wrongful dismissal case and has not been included in the rage of simple, medium and complex fee ranges below) 10 – 15
Disclosure* of documents to the other party 1 – 5
Preparing and agreeing a bundle of documents* 1 – 3
Taking your witness statement* which involves drafting your statement and agreeing its content with you (up to one witness) 2 – 7
Reviewing and advising on the other party’s witness statement(s) 2 – 4
Agreeing a list of issues and/or a chronology 1 – 2
Drafting instructions to Counsel* 1 – 2
Preparation for final hearing* 3 – 8
Attendance at final hearing* (assuming 0.5 to two days) 5 – 50

Who will undertake the work?

This largely depends on the complexity of the matter. Your case may be handled by a solicitor/associate or a partner, or a combination of both. If your case is, largely, being dealt with by a solicitor/associate, it will always be supervised by one of our partners. Our hourly rates range from £135 – £250.

Fees

As the work that is required varies from case to case, it is very difficult to be precise about the likely costs. However, as indications, we set out below the potential costs (excluding VAT) of instructing us to represent you in bringing a wrongful dismissal claim, depending on the complexity of the matter:

  • Simple case: £3,500 – £6,500
  • Medium complexity case: £6,000 – £13,000
  • High complexity case: £10,000 – £19,000

If some of the stages in the table above are not required, this would, potentially, make a case a simple one, or of medium complexity. That would result in fees being reduced. You may wish to handle part(s) of the claim yourself and only instruct us to advise/act in respect of certain stages. Again, that would result in fees being reduced.

There are a number of factors that could make a case more complex and thus incur more fees than the sums outlined above. Some of those factors are:

  • If it is necessary to make applications to amend claims or to provide further information about an existing claim
  • If there is a need to make or defend a costs application
  • Whether there are complex preliminary issues
  • The number of witnesses you are calling
  • The number of documents to be disclosed or considered in the bundle are extensiveWhether the respondent* is legally represented or not

Disbursements

We handle the payment of the disbursements on your behalf to ensure a smoother process.

If required, Counsel’s fees for representing you at a Tribunal Hearing (including preparation) are estimated at £500 to £1,250 (plus VAT) per day (depending on the experience of the advocate). Generally, we would allow ½ to two days for a wrongful dismissal hearing, depending on the complexity of the case.

There are no tribunal fees associated with lodging a claim at the present time.

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 four to six weeks.

If your claim proceeds to a final hearing, your case is likely to take three to twelve months depending on how long the final hearing is listed for and which employment tribunal it is listed at. 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.

Can I recover my costs?

Generally, each party in a wrongful dismissal claim will be responsible for bearing their own costs.

Costs for a personal Unfair Dismissal Claim

Range of costs for Individual Customers bringing unfair dismissal (including constructive dismissal) claims

Key stages

In the table below, we set out an indication of the likely stages that would be involved in bringing a claim for unfair dismissal (including constructive dismissal claims). Based on our experience, we also set out the likely number of hours (as a range) that each stage might take. By way of example, the difference in the number of hours for each stage reflects how complicated the relevant work in that stage is, or how many documents are involved.

Stage in Legal Proceedings Hours of Work
Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation* 3 – 5
Entering into pre-claim conciliation* where this is mandatory to explore whether a settlement can be reached 2 – 4
Preparing the claim form* outlining your cause and the nature of the dispute 3 – 7
Reviewing and advising on the response to the claim form 2 – 5
Exploring and negotiating settlement throughout the process 2 – 7
Preparing a schedule of loss* 1 – 4
Preparing for (and attending) a 1/2 day preliminary hearing*. (This is not common in an unfair dismissal case and has not been included in the range of simple, medium and complex fee ranges below) 10 – 15
Disclusure* of documents to the other party 2 – 5
Preparing and agreeing a bundle of documents* 2 – 4
Taking your witness statement* which involves drafting your statement and agreeing its content with you (up to one witness) 4 – 10
Reviewing and advising on the other party’s witness statement(s) 3 – 5
Agreeing a list of issues and/or a chronology 1 – 3
Drafting instructions to Counsel 2 – 4
Preparation for final hearing* 5 – 16
Attendance at final hearing (assuming one to three days) 10 – 30

Who will undertake the work?

This largely depends on the complexity of the matter. Your case may be handled by a solicitor/associate or a partner, or a combination of both. If your case is, largely, being dealt with by a solicitor/associate, it will always be supervised by one of our partners. Our hourly rates range from £135 – £250.

Fees

As the work that is required varies from case to case, it is very difficult to be precise about the likely costs. However, as indications, we set out below the potential costs (excluding VAT) of instructing us to represent you in bringing an unfair dismissal (including constructive dismissal) claim, depending on the complexity of the matter:

  • Simple case: £6,000 – £10,500
  • Medium complexity case: £11,000 – £19,000
  • High complexity case: £15,000 – £27,000

If some of the stages in the table above are not required, this would, potentially, make a case a simple one, or of medium complexity. That would result in fees being reduced. You may wish to handle part(s) of the claim yourself and only instruct us to advise/act in respect of certain stages. Again, that would result in fees being reduced.

There are a number of factors that could make a case more complex and thus incur more fees than the sums outlined above. Some of those factors are:

  • If it is necessary to make applications to amend claims or to provide further information about an existing claim
  • Making or defending a costs application*
  • Complex preliminary issues
  • The number of witnesses you are calling
  • The number of documents to be disclosed or considered in the bundle are extensive
  • Whether the respondent* is legally represented or not
  • Whether you are raising any whistleblowing* or discrimination issues* linked to the dismissal

Generally, we would allow one to three days for a hearing on an unfair dismissal claim, depending on the complexity of your case.

Disbursements

We handle the payment of the disbursements on your behalf to ensure a smoother process.

If required, Counsel’s fees for representing you at a Tribunal Hearing (including preparation) are estimated at £500 to £1,250 (plus VAT) per day (depending on the experience of the advocate). Generally, we would allow one to three days for an unfair dismissal hearing, depending on the complexity of the case.

There are no tribunal fees associated with lodging a claim at the present time.

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 four to six weeks.

If your claim proceeds to a final hearing, your case is likely to take six to 18 months depending on how long the final hearing is listed for and which employment tribunal it is listed at. 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.

Can I recover my costs?

Generally, each party in an unfair dismissal claim (including constructive dismissal) will be responsible for bearing their own costs.