Potential Tribunal Fees

Quite often tribunal proceedings can be avoided if we are contacted at an early stage, in which case our Mediation or Settlement Agreement information may be useful. However, if matters have reached tribunal stage the fees below may be applicable.

Our fee for defending claims for unfair dismissal or wrongful dismissal usually ranges from:

Simple case	Medium complexity case	High complexity case
£6,000 - £9,000 exc VAT	£9,000 - £15,000 exc VAT	£15,000 + exc VAT

Factors that could make a case more complex include:

• If it is necessary to amend your defence documentation or to provide further information about an existing claim
• Defending claims that are brought by persons without any representation, also known as 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) and other discrimination claims
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim eg if the claimant is dismissed after blowing the whistle on their employer
• Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of £1,500 per day (exc VAT).  Generally, we would allow 1-7 days depending on the complexity of the case. Not all cases will require the solicitor to be in attendance where a barrister has been appointed.

Disbursements

Disbursements are costs related to the matter that are payable to third parties, such as any court fees, medical reports, etc and are in addition to other fees.

Counsel’s (barrister) fees are estimated between £2,000 to £3,500 per day (exc VAT) (depending on the experience of the barrister) to represent a client at the Tribunal Hearing (including preparation).

Funding options

There may be other funding options available, such as cover under an insurance policy and this will be checked at an early stage.

Key stages

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 possible compensation (this is likely to be reviewed throughout the matter and is subject to change)
• Entering into pre-claim conciliation negotiations if appropriate. Pre-claim conciliation is mandatory by the claimant before a claim can be made at the Employment Tribunal, to explore whether a settlement can be reached.
• Considering the claim made by the claimant
• Preparing response
• Reviewing and advising on claim from other party
• Considering a schedule of loss, that sets out the value of the claim by the claimant
• Exploring settlement and negotiating settlement throughout the process if appropriate
• Preparing for 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 for Final Hearing, including instructions to Counsel (barrister)

The stages set out above are an indication only.  

How long will the 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 the claim proceeds to a final hearing, the case is likely to take between 12 months and two years.  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.

Preferential rates

Preferential rates apply to returning clients and existing clients.

Fees

All fees will be subject to VAT at the standard rate of 20%.

Experience and qualifications

Vivien Earp qualified as a solicitor in 2006 who specialises in employment law.  Vivien's hourly rate is £275 plus VAT, totalling £330. Vivien is also a qualified workplace mediator. 

Feel free to call us with any questions and we will be happy to explain and go through any of the above with you in more detail so that you have a better understanding of the whole process.