Our law firm is dedicated to helping HR Managers and employers as part of the team, to find and implement initiatives, strategies and business solutions.
We are a team of senior employment solicitors. For further details of our solicitors’ expertise please visit Our Team page.
For businesses – Employment tribunals (defending claims for unfair or wrongful dismissal)
Our standard charges are based on time spent advising and assisting your business.
The estimated costs of pursuing an unfair dismissal or wrongful dismissal claim in the employment tribunal:
- Simple case: £7,000 – £,8000 (excluding VAT)
- Medium complexity case: £8,000 – £15,000 (excluding VAT)
- High complexity case: £15,000 – £25,000 (excluding VAT)
The above figures include our attendance at a final hearing that is up to 1 day for a simple case, up to 3-days for a medium complexity case, and up to 5 days for a high complexity case. There will be an additional charge for each additional day we are required to attend a hearing of (based on time spent applying our hourly rates).
In medium and high complex cases Counsel may act as your advocate at the final hearing. Counsel’s fees are in addition to the above figures and are estimated between £1,500 to £2,500 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
Many cases will cost less than the above because we are able to secure an early withdrawal of the claim or a low value settlement. However, some cases can cost more if they are particularly complex.
Factors that could make a case more complex and expensive:
- 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
- Whether we need to attend preliminary tribunal hearings. These are more likely in more complex case.
- 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 the claimant is dismissed after blowing the whistle on your employer.
- Allegations of discrimination which are linked to the dismissal.
- The type of other claims brought within the unfair/wrongful dismissal claim, such as discrimination.
- The factual and legal complexity of the claims.
- The likely length of a final hearing.
- The need for expert evidence such as medical report, actuarial pension report, or employment report.
- The way the Claimant and the Respondent elect to approach the litigation and whether instructions and documents are received in an orderly and/or timely way and/or whether advice is followed.
- For multi-day hearings in particular, the level of seniority of counsel instructed.
Typically, an ordinary simple unfair dismissal / wrongful dismissal claim will take six months to conclude (from the date the claim is lodged to the end of the final hearing). Medium and high complex cases are likely to take between 6-18 months but can take longer.
The fees set out on this page cover all of the work in relation to the following key stages of a claim:
- Taking initial instructions, reviewing the papers and advising 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 claim or response;
- Reviewing and advising on claim or response from other party;
- Exploring settlement and negotiating settlement throughout the process;
- preparing or challenging/considering a schedule of loss;
- 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 and attendance at Final Hearing, including instructions to Counsel (if applicable”).
The stages set out above are an indication only and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
For individuals – (bringing claims for unfair or wrongful dismissal)
We usually only act for employers in relation to employment tribunal claims.
In exceptional cases, if we do accept instructions from an individual in relation to an employment tribunal claim, we will not be able to do so on a contingency fee basis. You may have the benefit of legal expenses insurance that covers part or all of the legal costs of bringing or defending an employment tribunal claim, but you will remain liable for our costs.
The costs of pursuing an unfair dismissal or wrongful dismissal claim in the employment tribunal for an individual will be the same as for businesses, as will the key stages and factors that determine complexity (see above).
The above information is not to be treated as a quote or estimate specific to your matter. If you would like to instruct us, please get in touch, and we will be able to provide tailored cost information for you.