The Cost of Your Employment Tribunal Defence
The cost of acting for you in the defence of a Tribunal Claim will depend on the unique circumstances of the case, which lawyer carries out related work (due to differences in their hourly charge out rates) and of course the complexity of the facts and/or the relevant law.
The following factors increase the complexity of the work required:
- Dealing with litigants in person
- Making or responding to applications (eg to make amendments to pleadings or to request further information about a claim or defence or for costs to be paid by the other side)
- If the parties cannot agree the relevant issues in dispute
- Dealing with multiple parties and/or witnesses
- Allegations of discrimination which are linked to the dismissal
- Allegations of victimisation, whistleblowing and detriments arising from protected acts
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- Jolyon Berry
- Head of Employment
TSP fees for Employment Tribunal Defences
The majority of claims for unfair or wrongful dismissal do not proceed to a final hearing before an Employment Tribunal and settle at an earlier stage however more complicated, higher value cases are statistically more likely to proceed to a full hearing or settle after the parties have done more work.
| Complexity of Case | From Simple | From Complex |
|---|---|---|
| Receipt of initial instructions, review papers and advise on next steps. | £1,200 (+£**VAT) | £5,000 (+£**VAT) |
| Correspondence with ACAS to explore settlement options. | £350 (+£**VAT) | £350 (+** VAT) |
| Risk/Merits review of the claim (if required). | £1,0000 (+£**VAT) | £4,500 (+£**VAT) |
| Preparation and filing defence. | £1,200 (+£**VAT) | £4,000 (+£**VAT) |
| Preparation for and attendance at attend any preliminary hearing. | £1,200 (+£**VAT) | £5,000 (+£**VAT) |
| Review of the Claimant’s schedule of loss and prepration of a counter-schedule if applicable. | £500 (+£**VAT) | £2,500 (+£**VAT) |
| Review and disclosure of relevant documents. | £1,000 (+£**VAT) | £4,000 (+£**VAT) |
| Review of documents disclosed and agreement of an evidence bundle for a full hearing (the ‘Tribunal Bundle’). | £1,500 (+£**VAT) | £5,500 (+£**VAT) |
| Agreement of a list of legal issues, a chronology and a cast list for the employment tribunal to use at the hearing (if required). | £1,250 (+£**VAT) | £3,500 (+£**VAT) |
| Preparation of relevant witness statements (cost per statement). | £750 (+£**VAT) | £3,000 (+£**VAT) |
| Creation ad circulation of the agreed Tribunal bundle. | £300 (+£**VAT) | £1,000 (+£**VAT) |
| Exchange and review of witness statements (cost per statement). | £250 (+£**VAT) | £750 (+£**VAT) |
| Instructing counsel (a barrister) to advocate at the hearing*. | £500 (+£**VAT) | £2,500 (+£**VAT) |
| Conference with counsel (if required)*. | £750 (+£**VAT) | £1,500 (+£**VAT) |
| Attendance at the full hearing (per day)*. | £1,500 (+£**VAT) | £2,000 (+£**VAT) |
| Related legal and commercial advice, correspondence, updates, liaising with related parties (eg other side, Tribunal, witnesses etc) and file administration throughout the duration of the matter (exclusive of travel or other related expenses). | £3,500 (+£**VAT) | £5,000 (+£**VAT) |
| Total | £** (+£**VAT) | £** (+£**VAT) |
The earlier cases settle, the greater the likely saving in legal fees however costs will be incurred negotiating and agreeing settlement terms. If settlement discussions do not result in a settlement, these will be in addition to the costs of the defence which are all in addition to the cost of any award that is ordered to be paid in a judgment.
The ‘winner’s’ costs are not normally paid by the ‘losing side’ although there are circumstances in which one party can apply for costs from the other party or their legal representative. These circumstances will be rare however we will advise you on whether or not the circumstances have arisen and what applications might be appropriate to recover costs.
The table below sets out the key stages in an Employment Tribunal Defence that may need to happen, with an estimated fee for each stage for a simple case and a complex case. Not every step will be ordered or be required and it is possible that additional steps will be required or that other steps must be repeated due to changes in circumstances.
We are obliged to identity and to verify the identity of the companies for whom we act and to verify the identity of certain individuals associated with the company (eg Directors and Beneficial Owners). We charge £10 plus VAT per UK company and individual we check (£35 +VAT for overseas companies). Information individuals we are required to check is in our Terms of Business.
If we were instructed to act for you for specific limited aspects of any case, this can be arranged and agreed.
We charge travelling expenses in addition to our legal fees if applicable.
We would advise that ‘counsel’ ie a barrister is instructed in cases that progress to a full hearing. Counsel’s fees vary but are usually charged as a ‘brief fee’ (for the preparation and attendance at the first day of the hearing) as well as a ‘daily refresher’ or ‘refresher’ for attendance on the second and subsequent days for the hearing. Counsel may charge separately for conferences or other work not covered by their brief fee/refresher, either as a fixed sum or at an hourly rate.
You will be represented by lawyers in our Employment Law team whose details can be found below. Jolyon Berry leads the employment team and is responsible for overseeing the work of that team.
Frequently Asked Questions
The fixed fees detailed above assume that
- You will fully engage in the provision of adequate instructions and information
- The documents disclosed by you as relevant to proceedings do not exceed 100 pages
The following will not be included in our fixed fee. We will let you know as early as possible if any of these are required and provide you with a separate quote.
- Any appeal against a decision by the Employment Tribunal or application for re-consideration
- Any mediation outside of negotiations through ACAS
- Any advocacy, including at hearings. Barristers’ fees will be charged separately
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 6 to 8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9 months to a year. 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.
Contact our Solicitors in Colchester or Clacton
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