An Example of Employment Tribunal Costs for defending Unfair and Wrongful Dismissal Claims
Whilst we conduct a wide variety of cases in the Employment Tribunal, here is a representative example of the costs associated with handling our most common type of claim.
Our average pricing for defending claims for unfair or wrongful dismissal:
- Simple case: £5,000-£10,000 (excluding VAT)
- Medium complexity case: £7,500-£15,000 (excluding VAT)
- High complexity case: £10,000-£25,000 (excluding VAT)
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 documents;
- If it is an automatic unfair dismissal claim e.g. a dismissal after blowing the whistle on your company;
- Allegations of discrimination which are linked to the dismissal;
- A significant number of witnesses for either side.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. Whilst you will need to factor these costs into your budget, we handle the payment of the disbursements on your behalf to ensure a smoother process. These are paid in addition to the costs outlined above.
The most common disbursement is the cost of hiring a barrister to provide an opinion and/or represent your company at the final hearing. A barrister will set their own fee and an estimate of their costs is £1,500 to £3,500 + VAT for a one day hearing (depending on experience of the advocate), with an additional fee of £500 to £1,500 per day for additional days.
The 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 any likely compensation your company may have to pay (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 the response to the employee’s claim;
- Reviewing and advising on the claim from the other party;
- Exploring settlement and negotiating settlement throughout the process;
- Considering a schedule of loss and preparing a counter 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 bundles 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.
The stages set out above are an indication and may not be required in every case.
Who will handle my matter?
We will always assign you a main point of contact for your cases. However, work on your matter may be carried out (under supervision, where necessary) by any of the following team members:
Jay Bhayani – Solicitor and Managing Director;
Lindsey Gaimster – Solicitor;
Paralegals & Legal Assistants.
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 pre-claim conciliation, your case is likely to take 2-6 weeks. If your claim proceeds to a final hearing, your case is likely to take 4-9 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.