OUR APPROACH TO COSTS – EMPLOYMENT TRIBUNALS
Receipt of a claim form from an existing or former employee can be as equally stressful for an employer. We work commercially with the sole objective of delivering desired business solutions cost effectively. When it comes our services for employers, we do our best to understand the business needs and how to deliver the best possible outcome.
The table below is only an indicator of likely costs and limited to costs linked to defending an unfair dismissal or wrongful dismissal Employment Tribunal claim. The amount of work involved in defending an Employment Tribunal claim varies case by case making it difficult to provide an exact quote. The information provided below is intended to provide you with an insight into the possible cost of defending an Employment Tribunal claim. For reassurance, we are able to offer a number of other funding or payment options which may help mitigate the impact of legal fees on your business.
In addition to Employment Tribunal services, we provide other services including but not limited to HR retainers, HR and employment law advice, exit strategy planning, project planning, preparation of contracts and company handbooks, training, consultancy, investigations and non-executive directorships. Due to the bespoke nature of these services, the likely costs are not dealt with in this table but are available either on our website or from the firm’s Business Services Specialist.
OUR PRICE GUIDE
| Type of Service | Summary of Service | Our fees (+VAT) | Disbursement | Timescale | Factors which can influence these fees |
|---|---|---|---|---|---|
| Initial consultation with our Business Services Specialist | This is an initial call or in person meeting to provide basic information in relation to the dispute or Employment Tribunal claim received. After the consultation, we will identify the most suited legal adviser to assist, provide an estimate and funding options whilst providing some initial advice or feedback. | FREE | £0 | Immediate | None |
| Consultation with legal adviser and written confirmation of advice | This is a meeting with a qualified solicitor or legal adviser. Advice provided during the meeting will be followed up in writing by letter or email. | £200 – £500 | £0 | Immediate | The fee will depend on the length of the meeting, nature of the enquiry and complexity of issues being considered. |
| Review or assessment of prospects of success in defending the claim in the Employment Tribunal | This service is intended to provide an early review of prospects of success in defending the Employment Tribunal claim. The intention is to allow a business to make a fully informed decision as to its next steps |
Option 1 – £500 – £1,500 plus VAT if the review or assessment is carried out by the legal adviser. Option 2 – £500 – £750 plus VAT if a barrister’s opinion is obtained. |
Option 1 – legal adviser deals with assessment £0 Option 2 – Counsel opinion £1,000 – £1,500 plus VAT for barrister’s opinion |
Option 1 – 1-2 weeks Option 2 – 2 – 4 weeks |
Option 1 is recommended in most cases. The fee will depend on the complexity of the factual or legal issues, number of documents and witnesses. Option 2 is recommended only if the Employment Tribunal is complicated or very high value. Both the firm’s and barrister’s fees will depend on the complexity of the factual or legal issues, number of documents and witnesses. |
| Settling a claim via early ACAS conciliation | If after the meeting with the Business Services Specialist or legal adviser, the business decides it is commercially more sound to settle early, this service provides representation during early Acas conciliation and, if successful, drafting of the COT3 or settlement agreement. | £500 – £2,000 plus VAT | £0 | 1 – 4 weeks | The fees will depend on the complexity of the factual or legal issues, the value of the claim, whether the Claimant is represented or not, how protracted negotiations become and whether you require a COT3 agreement or settlement agreement to record the settlement. |
| Employment Tribunal claim |
Representation during an employment tribunal includes:
|
See below | See below | 1 – 12 months |
The cost and timescales can vary depending on the following factors:
|
| Basic and straightforward | Where the listing for the final employment tribunal hearing is 1 – 2 days. | £6,000 – £8,000 | £750 – £1,500 | Up to 8 months | As above |
| Medium complexity | Where the listing for the final employment tribunal hearing is 3 – 4 days. | £8,000 – £12,000 | £2,500 – £5,000 | Up to 12 months | As above |
| High complexity | Where the listing for the final Employment Tribunal hearing is 5 – 10 days. | £12,000 – £25,000 | £6,000 – £15,000 | Up to 18 months | As above |
| Very high complexity or very long listing | Where the list for the final hearing is 11 – 20 days. | £20,000 – £40,000 | £15,000 – £20,000 | Up to 18 months | As above |
BEFORE YOU GO, A FEW THINGS TO NOTE…
- If you want to avoid the cost of an employment tribunal claim, try the exit strategy and settlement agreements services.
- The costs set out above for employment tribunal claims are based on unfair dismissal and breach of contract claims only. If additional claims are included such as discrimination, whistleblowing etc the fees may be higher although we would do our best to contain fees for you.
- If your employment tribunal matter settles before the final hearing, the fees may be lower than quoted above.
- If you have an employment tribunal claim, please check if you have legal expense insurance via any insurance policies.
- Disbursements are external costs and include things such as barrister’s fees, medical expert fees, travel, courier costs etc.
- Barrister’s fees are quoted in advance and determined by length of hearing and seniority of the barrister appointed.
- All fees set out in the above table are exclusive of VAT. VAT is currently charged at the rate of 20% of the fees.
- If you have an employment tribunal claim, we may be able to absorb some or all of the cost if you sign up for a HR retainer at the start of the case.
Any questions whatsoever please just give our Business Services Specialist a call.