Employment Tribunals: Range of Costs (All fees are exclusive of VAT)

 

In the Employment Tribunal, rules about the payment of costs generally mean that each side will pay their own costs whether they win or lose. This rule is made more complicated where there are issues about the conduct of the parties, or whether an unreasonable claim has been pursued.

 

Many claims do not progress all the way to a final hearing as they are settled beforehand, although we cannot guarantee that this will happen in your case.

 

It is always advisable to check whether you have the benefit of legal expense insurance.  It is usually offered as an additional benefit on insurance policies that you already have in place, such as house contents insurance, credit card insurance, etc. If you do have such cover, this may mean that all, or at least some, of your legal fees will be paid by your insurers. 

 

Please note that your insurers will most likely make it a condition of cover that you instruct their panel solicitors. However, you could ask your insurer to consent to you continuing to instruct our lawyers to deal with your claim. We can then negotiate a rate with your insurer which is acceptable to both your insurer and ourselves. Please also bear in mind that not all the insurance monies may cover your legal costs. Depending on how much cover you have, there may still be a shortfall which you will be liable to pay. We will discuss this with you prior to taking on your case.

Our fees for bringing and defending claims for unfair and wrongful dismissal:

Simple case: £1,200 - £8,000 

Medium complexity case: £8,000 - £20,000 

High complexity case: £20,000 - £50,000+ 

PLEASE NOTE THAT WE RESERVE THE RIGHT TO RE-EVALUATE YOUR CASE AND CHARGE AN ADDITIONAL FEE SHOULD YOUR CASE BECOME MORE COMPLEX OR ADDITIONAL MATTERS ARISE THAT WE WERE NOT MADE AWARE OF AT THE BEGINNING OF YOUR CASE.

 

 

 

 

 

Disbursements & Other costs

 

You may have to pay disbursements in your employment matter. These are costs payable to third parties, such as court fees, expert fees and Counsel fees.

There are currently no Court fees for pursuing an Employment Tribunal claim as this was abolished in 2017.

Barristers Fees: In most circumstances a Barrister would usually represent you in complex Tribunal hearings. Barrister’s fees may be in the range of £750 - £3,000 (plus VAT) per day. There may also be a brief fee payable which may fall within the range of £1250- £13,000, depending on the complexity of your case and the length of the hearing. We would of course try to negotiate a reasonable brief fee for you.  

There may be other costs payable to third parties, such as expert witnesses and medical reports, depending upon the nature and complexity of your claim.

What does the work entail?

The fees set out above cover all the work in relation to the following key stages of a claim (but is not limited to):

  • Taking your initial instructions, reviewing the papers and advising you on the merits of your case and likely compensation (this is likely to be revisited throughout the matter and is subject to change;

  • Further negotiations through ACAS early conciliation;

  • Preparing the Employment Tribunal documentation such as the Claim Form (ET1) or Defence (ET3);

  • Reviewing and advising you on the claim or response from the other party;

  • Exploring settlement and negotiating settlement throughout the process;

  • Preparing a quantum schedule detailing your loss and expected awards;

  • Preparing for (and attending) a Preliminary Hearing;

  • Preparing a list of issues, a chronology and/or cast list;

  • Attending in conference with Counsel as appropriate;

  • Taking witness statements, drafting statements and agreeing their content with witnesses;

  • Reviewing and advising on the other party’s witness statements;

  • Exchanging documents with the other party and preparing or agreeing to a bundle of documents;

  • Preparation and attendance at the Final Hearing, including preparing instructions to Counsel;

  • Telephone calls between Pure Business Law (PBL) and the Client;

  • Telephone calls between PBL and third parties’;

  • All correspondence via email and letter between PBL and the Client;

  • All correspondence via email and letter between PBL and third party

How long will the matter take?

 

As litigation is uncertain it is impossible to give an accurate time frame of how long your matter will take to complete. The time it takes from you instructing us to the final resolution of your matter depends largely on the stage at which your case has evolved. If a settlement is reached during the pre-claim conciliation your case is likely to take 1 – 2 months or even longer. If your claim proceeds to a final hearing (depending on the complexity of your case and the availability of court time for your case at the Employment Tribunal) it could take up to several months or even years (e.g 1- 2 years). Please note that these time frames are only an estimate. We will only be able to give you an accurate time frame once we receive more information and after reviewing the progress of your matter.

Employment