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Employment Tribunal Claims – Unfair and Wrongful Dismissal

Range of costs

Our average pricing for bringing and defending claims for unfair or wrongful dismissal is estimated as follows:

Simple case:£5,000 – £7,000 (plus VAT)
Medium complexity case:£7,000 – £10,000 (plus VAT)
High complexity case:£10,000 – £15,000 (plus VAT)

This is based on hourly rates between £200 and £300 plus VAT. A full case specific estimate can be obtained on request.

The following are factors in employment tribunals that could make the case more complex:

  • If it is necessary to make or defend applications to amend claims, or to provide further information about an existing claim

  • Defending claims that are brought by litigants in person

  • 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 and documents

  • If it is an automatic unfair dismissal claim, e.g. if you are dismissed after blowing the whistle on your employer

  • Allegations of discrimination, which are linked to the dismissal

Before we take on any claims, we provide an initial fixed fee meeting charged at £200 plus VAT to go through your claim and advise on the next steps and prospects of success. This meeting is for an hour and an attendance note can be provided upon request following the meeting at an additional cost of £95 plus VAT.

There will be an additional charge for attending a Tribunal Hearing of between £800 and £1,000 per day plus VAT, if you require the main fee earner working on your claim to be in attendance, as well as the instructed barrister. Generally, we would allow one to four days, depending on the complexity of your case.

Disbursements

Disbursements are costs related to your matter, that are payable to third parties, such as Barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Barrister’s fees are estimated to be between £750 to £2,500 per day (plus VAT), depending on the experience of the advocate for attending a Tribunal Hearing (including preparation).

Key stages

The fees set out above cover all the work in relation to the following key stages of a claim for unfair dismissal or wrongful dismissal:

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

  • Entering into ACAS Early Conciliation where this is mandatory to explore whether a settlement can be reached

  • Preparing the ET1 claim or ET3 response

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

  • Exploring settlement and negotiating settlement throughout the process

  • Preparing or considering a schedule of loss

  • Preparing for (and attending) a Preliminary Hearing

  • Exchanging documents with the other party and agreeing a bundle of documents for the hearing

  • Preparing a bundle of documents for the hearing

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

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

  • Agreeing a list of issues, a chronology and/or cast list

  • Preparation for the final hearing, including instructions to Counsel

These stages set out above are an indication and if some of the stages above are not required, the fee will be reduced. You may wish to handle your claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

The above costs do not include any claim other than unfair or wrongful dismissal and a tailored quotation can be provided to you upon discussion with a member of the team assigned to your case. If you would like to discuss matters further, please contact the team on 01952 272222.

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 four to six weeks. If your claim proceeds to a final hearing, your case is likely to take twelve to twenty four months. This is just an estimate and we will, of course, be able to give you a more accurate timescale once we have received more information and as the matter progresses.

Who will be conducting my matter?

Our Employment team has over 30 years of collective experience in representing claimants and respondents in employment tribunal claims. Our team is made up of solicitors, chartered legal executives and associate members of the Chartered Institute of Legal Executives and is supervised by John Mehtam, Partner and Emma Palmer, Head of Employment.

Complaints procedure

If you have any concerns or complaints about our work for you, please click on this link for more information.