Employers: defending unfair dismissal and wrongful dismissal claims in the Employment Tribunal
Tribunal Pricing
As one of the most complex and fast-moving areas of law, costs for legal fees and disbursements can vary. However, we work to provide a service bespoke to your needs where costs are explained fully to ensure both businesses and individuals are aware of how much cases are likely to cost.
This pricing information is intended to give an indication of the likely costs of advising and representing employers defending unfair dismissal or wrongful dismissal claims in the Employment Tribunal. If upi instruct us, we will provide a fee estimate tailored to your case.
A wrongful dismissal claim is a contractual claim, usually for notice pay or other contractual sums said to be due on termination. In the Employment Tribunal, breach of contract claims, including wrongful dismissal claims, are generally limited to £25,000. Higher-value contractual claims would usually need to be brought in the civil courts.
Range of costs
Our fees for defending unfair dismissal or wrongful dismissal claims typically fall within the following ranges:
| Simple case (involving a one-day hearing): | £10,000 to £15,000 | + VAT |
| Medium complexity case: | £15,000 to £30,000 | + VAT |
| High complexity case: | £25,000 to £60,000 | + VAT |
| Final hearing (based on a one-day case for preparing and conducting the advocacy): | £2,000 to £5,000 | + VAT |
| Employment Tribunal hearing (more than one day | £2,000 to £3,500 per hearing day | + VAT |
| * VAT will be charged at the prevailing rate at the time of invoicing. |
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* The costs above depend on factors such as the seniority of the lawyer conducting your matter. The fee for our advocacy on the first day may also be higher in a multi-day case, depending on the complexity of the case or the number of witnesses. Other Employment Tribunal claims may be brought alongside unfair dismissal or wrongful dismissal claims, which can increase the overall cost of the matter.
We do not offer ‘no win no fee’ arrangements or Conditional Fee Agreements. You may, however, have other funding options, such as cover under an insurance policy, and we can discuss this with you.
The fees above are based on an hourly rate dependant on the seniority and qualification of the lawyer. See below for further details of our hourly rates.
Please note that unfair dismissal cases are rarely listed for only one day; they will usually last two days or more.
The above fee ranges do not include advocacy at the final hearing of the case, whether this is done by our own solicitors or by a barrister instructed by us to conduct the advocacy (see below).
The above fee ranges also exclude other ‘disbursements’ (costs related to your matter that are payable to third parties – see the section on ‘Disbursements’ below) and expenses. Barristers’ fees for advocacy at Employment Tribunal hearings are treated as disbursements and are therefore dealt with in the ‘Disbursements’ section below.
Our rates
The basis for our charges for Employment Tribunal claims is our hourly charging rates, which are usually reviewed annually. These depend on the level of seniority and experience of the individual carrying out the work for you.
The standard range of our hourly rates is:
| Partners, Consultants and solicitors with 8 or more years’ post qualification experience: | £300 to £475 an hour | + VAT |
| Solicitors and senior legal executives with 4 or more years’ post qualification experience: | £250 to £300 an hour | + VAT |
| Other solicitors, legal executives and paralegals of equivalent experience: | £195 to £250 an hour | + VAT |
| Trainee solicitors, paralegals and experienced but unqualified assistants: | £120 to £195 an hour | + VAT |
| * VAT will be charged at the prevailing rate at the time of invoicing. |
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What additional costs should I expect?
Disbursements are costs related to your matter that are payable to third parties. In some cases, disbursements may be required, such as the cost of an independent medical report. The cost of these will depend on the circumstances of the case. We may handle payment of disbursements on your behalf to make the process smoother, but you will remain responsible for those costs.
Depending on the complexity of the case, it may be appropriate to instruct a barrister to conduct the advocacy. Barristers’ fees are usually expressed as a ‘brief fee’ for preparation for the hearing and advocacy on the first day of the hearing, together with a daily ‘refresher’ fee for each subsequent day. Brief fees depend on the complexity and length of the case, as well as the location and seniority of the barrister.
Unfair dismissal cases are rarely listed for only one day. By way of general indication, barristers’ fees for a final hearing may be:
| Barrister – brief fee (up to 10 years’ qualification): | up to £2,500 | + VAT |
| Barrister – brief fee (10 or more years’ qualification): See below re King’s Counsel fees | up to £5,000 | + VAT |
| Barrister - King’s Counsel brief fee: | up to £7,500 | + VAT |
| * Expenses are charged on a case-by-case basis. | ||
| * VAT will be charged at the prevailing rate at the time of invoicing. |
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What is included in my cost?
The fee ranges above cover the work involved in the key stages listed below, up to and including preparation for the final hearing. They do not include advocacy at the final hearing itself unless expressly agreed. They also do not include appeals, enforcement action, judicial mediation, or advice on claims outside the scope of unfair dismissal or wrongful dismissal unless expressly agreed.
- 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 may change)
- Entering pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
- Reviewing and advising on the claim
- Preparing the response form when a claim has been made
- Exploring settlement as appropriate throughout the process
- Considering and contesting a schedule of loss
- Preparing for and attending a preliminary hearing dealing with administrative and/or provisional matters before the final 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 a bundle of documents
- Reviewing and advising on the claimant’s witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparing for and attending the final hearing, including, where appropriate, instructing a barrister
Please note that all cases are different, and we will give you further information about what is and is not included in a client care letter if you decide to instruct us.
What factors could make a case more complex?
- Make an application to amend responses or provide further information about an existing claim
- Defending claims against litigants in person
- Making or defending a costs application
- Complex preliminary issues requiring a preliminary hearing
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim, for example where the claimant alleges they were dismissed after blowing the whistle
- Allegations of discrimination which are linked to the dismissal
- Claims brought by a number of claimants
- Responding to claims against more than one respondent, for example where a discrimination claim is brought against individual members of staff as well as the employer
How long will my matter take?
The time it takes from your initial instructions to the final resolution of your matter will depend largely on the stage at which the case is resolved.
If a settlement is reached during pre-claim conciliation – approx. 4 to 6 weeks
If the claim proceeds to a final hearing – 1 to 2 years or longer
* Complex cases may take even longer to resolve. This is only an estimate, and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.
Who will work on your matter?
Your matter will be handled by a lawyer in our employment team with appropriate experience for the complexity and value of the case, under partner supervision where appropriate. We will ensure that the level of seniority involved is appropriate to your case.
Get in touch today
To find out how we can support you, contact our friendly team today