Pricing for bringing an Employment Tribunal Claim

Our fees are largely determined by the complexity of your case, which is why an initial confidential chat with one of our employment experts is so valuable. We can identify the type of claim you are making and the likelihood of success. The stronger the claim, the more likely it is that your employer will seek to settle the claim with you early on in the process (otherwise known as early conciliation) and avoid going to a Tribunal.

Every case is different and many of our cases are complex and involve multiple parties and claims and difficult legal issues. There is no such thing as a typical case. However, for convenience we have divided employment tribunal claims into three bands according to complexity.

The following table provides an indication of our fee range for bringing an Employment Tribunal Claim depending on the complexity of the case.

For example, factors that could make a case more complex situations that may add complexity are:

• An unusually large amount of witnesses or documentation
• A difficult challenge such as determining whether you are disabled
• A claim of ‘automatic unfair dismissal’ because you believe you were dismissed in relation to a situation such as pregnancy or having made a ‘whistleblowing’ allegation
• Making or defending an application for legal costs
• Any allegations of discrimination you are making

Disbursements are amounts we pay to third parties for expenses such as travel costs and counsel’s fees (Barrister fees), and court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

If your case proceeds all the way to an Employment Tribunal hearing, then bear in mind that we would usually instruct a barrister to represent you. These costs will be higher if the case has complex elements. Barristers tend to charge a daily fee for appearing at the tribunal itself, and an additional fee for preparing for the final hearing.

We will discuss all disbursements with you in advance of incurring any costs on your behalf.

Exclusions

For the avoidance of doubt anything outside the scope of the legal advice we provide in the key stages will be priced separately. To give you a better understanding of what is excluded from the key stages, please see the list below:

• making or defending applications to amend your claim, or to provide further information to the Tribunal;
• making or defending a costs application;
• bringing additional claims in the Employment Tribunal, such as discrimination or whistleblowing, or a claim in another Court of England and Wales;
• there have been more than one Claimant or Respondent;
• applications having to be made for witness orders;
• there being detailed or complex preliminary issues, including complex legal arguments;
• claims which include reference to company directorships, shareholdings or corporate governance;
• claims which include issues relating to insolvency, TUPE, or collective redundancies;
• mediation outside of negotiations through ACAS;
• preparing for a preliminary hearing ordered by the tribunal or requested by the parties;
• reviewing and disclosing documents which exceed 150 pages;
• calling more than one witness to give evidence for your claim;
• where the hearing is listed for more than one day by the Tribunal.
• representing you at the tribunal hearing or a preliminary hearing as opposed to instructing a barrister to do so;
• anything else not specifically identified in the essential elements of a straightforward claim set out above;
• any appeal against a decision or judgment of the Employment Tribunal;
• any detailed tax advice, for example relating to a settlement payment;
• any detailed pension advice;
• any insurance cover you may have in place;
• anything else not specifically identified in the ‘Summary of Work involved’.

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