Tribunal Fee Guide for Employers

Fees are charged based on hourly rates as per our terms of business (our hourly rates range from £130.80 – to £241.20 inclusive of VAT at current rate of 20% as of December 2018).

Costs of pursuing or defending an Employment Tribunal Claim will vary depending on the nature of the claim and the identity of the parties. Overall costs will be in the region of £5,652 to £8,174.40 (inc of VAT at current rate of 20%) for a basic one day unfair or wrongful dismissal hearing.

As a rough guide this range can be broken down as follows:-

Work to be done

Time Estimate

Cost Estimate

Bringing a claim via an ET1 and Particulars of Claim / or Defending a claim via an ET3 and Grounds of Resistance response 5-10 hours £900– £1,800 (inc VAT at current rate of 20%) depending on complexity
Preparation for and attendance at Preliminary Hearing (if required) 3 – 5 hours £518.40 – £864 (inc VAT at current rate of 20%)

Or TBC barrister

List of Documents for hearing 2 – 4 hours £345.60 – £691.20 (inc VAT at current rate of 20%)
Preparation of hearing bundle (Employer only) 3 – 5 hours £518.40- £864 (inc VAT at current rate of 20%)
Witness Statements Dependant on number of witnesses and statements required and depending on complexity and nature of evidence Variable

based on our hourly rates, often in the region of 6-8 hours work

£1,036.80 – £1,382.40 (inc VAT at current rate of 20%)

Statement of Issues (1 week before the hearing) 2 – 4 hours TBC Barrister Quote – estimate £360-600

(inc VAT at current rate of 20%)

Attendance at the hearing Estimate based on 1 day hearing TBC Barrister Quote – estimate £1,800 (inc VAT at current rate of 20%) for 1 day hearing

Additional cost for 2 day + hearings

General Correspondence 4 – 6 hours £691.20 – £1,036.80

(inc VAT)

 

Factors which are likely to increase or decrease the cost for the type of work we are quoting for include the following:

  • Whether the process is seen out in full to judgment and remedy or whether the case is settled at an earlier stage. Costs will then depend on work incurred to date;
  • Length of the scheduled hearing and the nature of the claims. Most unfair and wrongful dismissal claims may be one day hearings but they can be 2 or 3 day hearings with multiple witnesses which would mean a greater cost for witness statement preparation and higher disbursements for attendance by a barrister at a hearing for the additional days in tribunal;
  • Whether a preliminary hearing is ordered to consider preliminary points or not;
  • Number of witnesses to an issue as preparation of witness statements is charged based on time incurred and this varies from case to case and witness to witness. Witness statements are taken as read in a tribunal so they need to be as detailed as possible as no ‘new’ evidence should be adduced at hearing if not already covered as part of the witness statement;
  • It will also depend on whether the other party is legally represented or not. In the event of the other party not being  legally represented, it can cause additional work for the other party given there is an element of needing to work with the other party to ensure that they too understand case management directions and what is expected;
  • Finally it will also depend whether the client has opted for full legal advice through the process whereby we are on record with the tribunal and we deal with everything from issuing or defending the claim to then liaising with the client for preparation of their witness statements etc. Some clients opt for a more light touch approach whereby we assist them with certain aspects of a claim in the background only, for example reviewing a witness statement of defence that they themselves have put together

Please see here for more information on the Tribunal Process and likely timescales.