Employment Tribunal Costs

One of our specialisms is employment tribunal litigation. The defence of any Tribunal claim brought against our clients will be handled by an experience litigator with over 20 years of experience in Tribunal claims.

Costs for defending our clients in Tribunal claims vary considerably depending on a number of factors, including how far the matter proceeds. Most claims settle before getting to a final hearing. It is difficult to provide generic estimates, but the below information sets out typical ranges, based on our experience. Further information will be provided to our clients in matters on which we are instructed.

Simple case: £5,000 – £15,000 (excluding VAT)

Medium complexity case: £15,000 – £25,000 (excluding VAT)

High complexity case: £25,000 – £50,000 plus (excluding VAT)

The above costs do not include the attendance of a barrister at any Tribunal hearing. Such fees vary depending on the seniority of the barrister and the length of the hearing and are always provided in advance.

Factors that could make a 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
  • Allegations of discrimination which are linked to the dismissal

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees.

Key stages

The estimated fees set out above cover all of the work in relation to the following key stages of a claim:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
  • Preparing response
  • Reviewing and advising on claim from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Considering a Schedule of loss and preparing a Counter schedule
  • Preparing for (and attending) a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation for and attendance at a Judicial Mediation Hearing (if appropriate)
  • Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of the stages above are not required, the fee will be reduced.

Timescales

It is difficult to provide accurate timescales as this will be dependent on the caseload of the relevant Tribunal, the complexity of the matter, and at what stage, if any, that settlement is reached. We will be able to provide more accurate timescales in specific cases in which we are instructed and as the matter progresses.