Bringing or defending an Employment Tribunal claim for unfair or wrongful dismissal

We advise both individuals and businesses in bringing and defending employment tribunal claims. The extent of our involvement and your costs depends on how far the claim progresses through the tribunal before it is resolved. We will work with you to minimise the impact of a claim on you or your business.

Our fees for unfair or wrongful dismissal claims vary depending on the complexity of the case and the amount of work we have to do.

We usually work with clients from initial contact through to the final hearing or earlier resolution. The majority of cases settle before a final hearing; resolution can be achieved at any stage of the process.

Employment Tribunal claims are not a ‘one size fits all’ as the amount of time and cost will depend on so many different factors. As each case is different, without knowing the details of your case, we set out below indicative costs for typical claims. Once instructed, we will provide you with a fee estimate for the work required in your case.

We have set out below the likely range of costs you could expect to pay for bringing or defending an Employment Tribunal claim up to and including a final hearing.

These estimates all exclude VAT and any expenses we incur on your behalf. The estimates are the same whether we are acting for an employee or an employer, an individual or a business. We charge VAT at 20% of our fees.

The likely cost estimates for the respective claim types are calculated using a time basis based on our current hourly charge out rates (which are reviewed annually) and are as follows:

  • Helen Boddy (Solicitor/Partner) £325 plus VAT at 20%
  • Kate Matthews (Solicitor/ Partner) £325 plus VAT at 20%
  • Dominic Maillot (Paralegal) £100 plus VAT at 20%
Claim Type Simple Case Medium Complexity High Complexity
Wrongful dismissal £8,000 – £12,000
plus VAT at 20%		 £12,000 – £15,000
plus VAT at 20%		 £15,000 – £20,000
plus VAT at 20%
Unfair dismissal £15,000 – £20,000
plus VAT at 20%		 £20,000 – £30,000
plus VAT at 20%		 £30,000 – £40,000
plus VAT at 20%
Discrimination £25,000 – £30,000
plus VAT at 20%		 £30,000 – £40,000
plus VAT at 20%		 £50,000 – £70,000+
plus VAT at 20%

These Employment Tribunal price estimates are based on assumptions including:

  • The documents to be disclosed and the hearing file (‘bundle’) do not exceed 450 pages – larger bundles increase the time and cost involved in conducting a case;
  • For a simple case there are no more than two witnesses. For a medium complexity case there are no more than four witnesses;
  • In simple and medium complexity cases it is not necessary to participate in hearings before the final hearing except for the case management discussion with the Tribunal by telephone;
  • In simple and medium complexity cases there are no preliminary issues to determine that require preparation for and attendance at a preliminary hearing;
  • No expert evidence is required in cases involving claims for pension loss;
  • In discrimination cases involving disability, then disabled status is accepted and no expert evidence is required;
  • No aspect of the claim asserts personal injury;
  • In simple and medium complexity cases, mediation or judicial mediation is not considered appropriate;
  • Any final hearing is not adjourned incomplete to resume at a later date, which would result in extra preparation and additional days of Tribunal attendance;
  • A hearing is not adjourned within one week of the listed hearing date, causing duplicated costs;
  • Remedy is determined at the main hearing. A separate remedy hearing would result in extra preparation and additional days of Tribunal attendance;
  • No costs applications need to be made or defended.

These Employment Tribunal price estimates do not include other expenses known as disbursements (see below).

Our Team

Helen Boddy is a specialist employment law solicitor with many years of experience in dealing with employment disputes. She has experience in all aspects of employment law and is dedicated to ensuring her knowledge stays up to date, in order to give you the best service possible. We have a proven track record in achieving successful outcomes for our clients. Our team is:

Helen Boddy – Partner

Kate Matthews – Partner

Dominic Maillot – Paralegal

How you will be charged

We have two qualified solicitors and one paralegal who will be used for work such as compiling bundles and putting together files, but will not be asked to provide legal advice to you.

We charge on a time basis and our current hourly charge out rates (which are reviewed annually) are as follows:

Helen Boddy (Solicitor/Partner) £325 plus VAT at 20%
Kate Matthews (Solicitor/ Partner) £325 plus VAT at 20%
Dominic Maillot (Paralegal) £100 plus VAT at 20%

As we charge on a time basis then the more frequently you call or email us then the higher the charges. Our cost estimates are based on full and timely co-operation with us, both from you as our client and also our opponent.

Our time is in units of 6 minutes which means that if you are on the telephone for 2 minutes you will be charged 1 unit, 10 minutes you will be charged 2 units.

We do not charge for time spent travelling but if we work whilst travelling then this is chargeable.

Hourly rates and time spent on a matter are only a starting point. We are committed to providing high quality service at good value.

During a claim, a number of other expenses (known as ‘disbursements’) are likely to arise, including:

  • The cost of any expert advice or evidence eg from a medical expert or actuary. The expert’s fee will depend on their seniority and the amount of work they are required to do and usually this will be a fixed fee.  In unfair or wrongful dismissal claims we may instruct a forensic accountant to value a complex pension scheme. Their attendance at Tribunal to give evidence would be based on a daily rate subject to VAT @ 20%
  • Courier charges (If it is necessary to send documents urgently to counsel, an expert or a witness we will charge you for the cost of the courier.  The cost depends on the urgency, the weight of the package and the distance. Courier fees incur VAT at 20% )
  • Bulk photocopying (typically 5p per A4 sheet for black and white, 25p per A4 sheet plus VAT @ 20%, so 100 pages of black and white photocopying would cost £5 plus £1 VAT);
  • Electronic interactive digital bundling for the Tribunal bundle (charged at cost typically £60 plus VAT @ 20%);
  • Accommodation (typically £100 – £150 plus VAT @ 20% per night), subsistence and travel expenses at cost plus VAT @ 20% and/or mileage at 45p per mile plus VAT @ 20% when travelling by private car;
  • Counsel’s fees – see below

Counsel’s fees

Indicative costs of instructing a barrister to defend/present a claim of unfair dismissal only, with a hearing lasting two days are:

  • Junior barristers (up to c5 years’ experience as a qualified barrister) – £3,000 to £4,500 plus VAT @ 20%.
  • More experienced barristers (c5-10 years’ experience as a qualified barrister) – £5,000 to £7,000 plus VAT@ 20%.
  • Highly experienced barristers (more than 10 years’ experience, but not a KC) – £7,500 to £12,000 plus VAT@ 20%.

The Services included: Key Stages of an Employment Tribunal Claim

Our Employment Tribunal price estimates are based on these Key Stages and assume the services set out below are included. If a case concludes without some of these stages being reached, for example, due to settlement, this may reduce the cost of the case.

  • Taking your initial instructions and conducting an initial review of relevant papers and facts
  • Entering into pre-claim conciliation, where this is mandatory to explore the possibility of a settlement
  • Othe pre-claim negotiations
  • Advising you on the merits, prospects of successful resolution and likely compensation (this is likely to be revisited throughout the matter and subject to change)
  • Preparing and filing the claim (ET1) or response (ET3)
  • Reviewing and advising on the other party’s claim or response
  • Exploring and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss/ counter schedule of loss
  • Preparing for (and attending) a Case Management Discussion
  • Disclosure by preparation and service of list of documents with copies
  • Agreeing and preparing a joint bundle of documents with the other party
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Agreeing a list of issues, a chronology and/ or a cast list
  • Instructing Counsel (a barrister) to appear at the hearing (where appropriate and following a discussion with you)
  • Preparing for the hearing
  • On-going liaison with you by emails, meetings or phone calls
  • Attending the Employment Tribunal hearing

The likely timescales for the Key Stages

The time it takes to bring a claim to a final hearing varies according to its complexity, the parties’ attitudes and tribunal workload.

If a settlement is achieved during the mandatory Early Conciliation process, then the case may be concluded within 6 weeks

If a settlement is achieved before proceedings are commenced, then the case may be concluded between 8 weeks and 3 months.

If the claim proceeds to a final hearing, typical timescales depend on the length of the hearing required:

  • Cases listed for a hearing of one day or less – 6 to 9 months
  • Cases listed for a hearing in excess of one day or less – 9 to 15 months
  • If the case requires a separate remedy hearing, this typically adds another 3 months.
  • More complex cases, such as those involving discrimination, can take longer to complete; often 12 to 24 months.

We will give you a more accurate timescale for your own case once we have more information and as the matter progresses.  Much depends on the employment tribunals (which can take several weeks or even months to process paperwork) and the co-operation of the other party, over which we have no control.  Cases that have several witnesses and so require a hearing of several days will wait longer for hearing dates.

The majority of cases are resolved before a final hearing through settlement negotiations.

Factors that can make a case more complex and increase pricing

Our Employment Tribunal price estimates do not include services required to deal with the matters set out below, which are likely to increase costs:

  • If it is necessary to make or defend an application to the tribunal to amend your ET1 or ET3, or to provide further information about an existing claim or defence.
  • Any additional work caused by ACAS or Employment Tribunal delays.
  • Where the conduct of the other party (or their representative) is disruptive to the proceedings e.g. they delay in or fail to comply with deadlines.
  • Defending claims that are brought by a litigant in person because this can often lead to an increased level of correspondence, and it is likely that the represented party will carry out more of the joint tribunal preparation (i.e. bundles). It may be necessary to spend time explaining legal principles and points of tribunal procedure to the other party which is generally not necessary where both parties are represented.
  • If there are delays in obtaining your instructions
  • Where you require written rather than oral advice.
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties).
  • Where there is a preliminary hearing.
  • The number of witnesses and how statements are drafted.
  • The volume of documents and whether they are all supplied at the outset.
  • Documents being provided to us in an ad hoc and piecemeal manner.
  • The Schedule of Loss or Counter Schedule of Loss requires valuation of more complex and high value remuneration packages including for example: share schemes, certain pension schemes, bonus schemes or commission.
  • Hearings being delayed or postponed.
  • The necessity for a further hearing if the original hearing does not finish in the allocated time.
  • If there are additional claims such as unlawful discrimination or unpaid wages, particularly if they rely on different facts to claims of unfair dismissal or wrongful dismissal.
  • The length of the hearing and whether there are separate hearings for liability (i.e. whether or not the tribunal claim is successful) and (if it is) remedy i.e. the value of any tribunal awards.
  • Making or defending a costs application.