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.

If you have received an Employment Tribunal claim or are interested in any of the firm’s services, please book yourself in for a consultation with Jarrod Martin, the firm’s Business Services Specialist (j.martin@thespecialistlawgroup.com)

Our Price Guide

Type of ServiceSummary of ServiceOur fees (+VAT)DisbursementTimescaleFactors which can influence these fees
Initial consultation with our Business Services SpecialistThis 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£0ImmediateNone
Consultation with legal adviser and written confirmation of adviceThis 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 £0ImmediateThe 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 TribunalThis 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 stepsOption 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£01 - 4 weeksThe 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 claimRepresentation during an employment tribunal includes:
  • Identifying limitation dates
  • lodging early ACAS conciliation
  • drafting your claim form
  • reviewing the defence
  • attending a preliminary hearing
  • agreeing list of legal issues
  • drafting the schedule of loss
  • exchanging documents
  • agreeing a trial bundle
  • drafting your witness statements
  • preparing chronology and cast list
  • appointing a Barrister
  • conference with the Barrister
  • preparing and attend final hearing with the Barrister
  • settlement negotiations.
See belowSee below1 - 12 monthsThe cost and timescales can vary depending on the following factors:
  • the claims being advanced
  • complexity of the claims and legal issues
  • amount of evidence presented by both parties
  • number of witnesses presented by both parties
  • length of the liability hearing
  • whether the matter is listed separately for a remedy hearing
  • seniority of the Barrister
  • jurisdictional issues
  • your needs
  • funding options in place.
Basic and straightforwardWhere the listing for the final employment tribunal hearing is 1 - 2 days.£6,000 - £8,000£750 - £1,500Up to 8 monthsAs above
Medium complexityWhere the listing for the final employment tribunal hearing is 3 - 4 days.£8,000 - £12,000£2,500 - £5,000Up to 12 months As above
High complexityWhere the listing for the final Employment Tribunal hearing is 5 - 10 days.£12,000 - £25,000£6,000 - £15,000Up to 18 monthsAs 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 - £20,000Up to 18 monthsAs 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.

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