Employment tribunal costs
Where we act on your behalf in an employment tribunal claim, we will scope out the work involved and provide a clear estimate or a staged fixed fee before the work starts. The ranges below are provided for regulatory purposes, and they serve as a guide only as to the likely range of fees.
Every case is different, and settling a claim at an earlier stage will usually reduce the cost significantly.
Our fees
What a claim costs depends mainly on how complex it is and how far it runs. The ranges below are net of barristers’ fees.
Straightforward claim
£7,800 to £18,000 plus VAT
A single, clearly defined claim, such as unfair dismissal, with one or two witnesses for each side, a limited volume of documents and a final hearing of a day or two.
Medium-complexity claim
£18,000 to £45,000 plus VAT
Several claims brought together, such as unfair dismissal and discrimination and/or which need a preliminary hearing on a point of law and/or an involved case management hearing. Typically, this type of case involves more complex facts and law, more witnesses, wider disclosure and a longer final hearing.
High-complexity claim
£45,000 to £75,000 plus VAT
Claims involving multiple allegations of discrimination, harassment or whistleblowing detriment going back over a period of time and/or involving several claimants or respondents. Typically, this type of case involves multiple witnesses, has a complex and detailed factual background, or complex preliminary issues such as relating to employment status or TUPE. It may include cases where there is a significant reputational risk or where the claims have a significant value, or where the final hearing may last a week or more.
Attending hearings
Our charge for attending a tribunal hearing alongside a barrister is £1,000 to £3,000 plus VAT per day, depending on who attends.
Barristers' fees
Where a barrister represents you at a hearing, their fees are charged in addition. Typical fees are:
- Case management preliminary hearing
- £750 to £2,400 plus VAT
- Substantive preliminary hearing (one day)
- £1,500 to £8,400 plus VAT
- Brief fee for the final hearing
- £1,750 to £10,000 plus VAT
- Each further day of the final hearing
- £750 to £5,000 plus VAT
The stages of a claim
A tribunal claim may take 6 to 24 months from first instruction to final hearing, though this depends heavily on tribunal listing times in the relevant region. A final hearing of an unfair or wrongful dismissal claim typically lasts one to four days; claims involving discrimination or whistleblowing often run longer.
Initial advice
Taking your instructions, reviewing the papers, and advising on the merits and on likely compensation.
Early conciliation
ACAS early conciliation (EC) process. Claimants must notify their claims to ACAS and obtain an EC certificate before most claims can be brought.
The claim or response
Preparing and filing the claim form (ET1) or the response (ET3).
Schedule of loss
Preparing or reviewing the schedule setting out the compensation claimed.
Case management
Preparing for and attending any case management hearing at which the tribunal sets the timetable for the case and making or responding to any applications to the Tribunal for case management orders.
Preliminary hearings
Preparing for and attending any preliminary hearing on points of law.
Disclosure and the hearing bundle
Collating and exchanging the documents each side relies on, reviewing documents received from the other side and preparing the bundle for the hearing.
Witness statements
Taking evidence from witnesses, preparing and exchanging their statements, reviewing statements from the other side.
The final hearing
Preparing for the final hearing including preparing any list of issues, chronology, instructing a barrister, preparing the bundles and attending the hearing.
We will review case merits and, where appropriate and agreed with you, we will explore the prospects of settlement throughout the proceedings. If some of the above stages are not needed, or if further stages are needed, we will tell you and revise our fees accordingly.
What can increase the cost
These are the things most likely to move a claim towards the top of its range, or into the next one:
Applications to amend a claim or response, or for further information
Applications to bring a claim out of time
Complex preliminary issues, such as employment status, disability or whether a disclosure counts as whistleblowing
More than one preliminary hearing beyond routine case management
An opposing party who is not legally represented
Applications for specific disclosure, or disclosure given in several tranches
A large volume of documents, several witnesses, or events spread over a long period
Allegations of discrimination or whistleblowing
Mediation or extended settlement discussions
Applications for costs or deposit orders
What our estimates assume
Our estimates are based on the following. If any of them changes we will discuss the effect on cost with you before doing further work.
The claim runs to a final hearing without settling or being withdrawn or struck out.
The ranges exclude our attendance at hearings and barristers' fees, which are set out separately above.
The number of witnesses and volume of documents is as anticipated when we scope the matter.
All fees are subject to VAT.
Funding your claim
We do not offer no-win-no-fee or conditional fee agreements (CFAs) or damages-based agreements (DBAs) on employment tribunal work.
Your legal costs may be covered by insurance, for example legal expenses cover included in a business insurance policy. Depending on its terms, a policy may cover all or part of the claim, or leave an excess or a shortfall in hourly rates for you to pay. It is worth checking before a claim begins.
Want a figure for your situation?
Tell us what you're facing and we'll scope the work and confirm a cost before anything starts.