Employment Tribunals
We will always aim to achieve your desired outcome quickly and this frequently involves helping our clients to reach a satisfactory resolution without the need to bring or to defend a claim. However, if litigation becomes necessary, we have significant experience in handling the full range of Employment Tribunal claims.
The following explains the likely fees which may be involved.
Fees at a glance
Many claims are withdrawn or settle before reaching a final hearing, but, assuming the case cannot be concluded earlier, the following provides an indication of the likely level of fees for different types of case:
| Complexity of Case | Our fees excluding VAT | Counsel’s (barrister’s) fees excluding VAT | Total excluding VAT | Likely length of hearing |
|---|---|---|---|---|
| Straightforward | £7,000 to £10,000 | £1,000 to £2,000 | £8,000 to £12,000 | No more than 1 day |
| Moderate | £10,000 to £15,000 | £2,000 to £4,000 | £12,000 to £17,000 | 2 – 3 days |
| High | £15,000 to £20,000 | £5,000 to £10,000 | £20,000 to £30,000 | 4 – 5 days |
The fees stated above are based on hourly rates of £300 plus VAT with most of the work being carried out by a Partner with over 20 years’ experience. Where appropriate, a Senior Paralegal with an hourly rate of £150 plus VAT will assist and some limited tasks may be carried out by a legal assistant with an hourly rate of £100 plus VAT. Although they are not qualified solicitors, the Senior Paralegal and legal assistant will have received suitable training for the tasks in question and will work under the direct supervision of a Partner.
Reference to Counsel’s fees (see below for further explanation) assumes a barrister with a mid-range level of experience (5 – 10 years). Fees may vary if you choose to instruct a barrister with less or more experience.
All references to VAT mean VAT charged at 20%.
The above is a guide, and we will advise you at the outset of as to the likely level of fees that will apply in your specific case. In most cases the complexity of the case will not change, but occasionally developments occur which may reduce or increase the level of complexity or the amount of work required (for example if more claims are added or if the Tribunal increases the length of the hearing). We will of course keep you updated promptly in the event of such changes.
Factors which affect the complexity of a case
- Multiple claims and/or claims which involve more difficult issues of law – an example of a straightforward claim would be a claim for unpaid wages or notice pay whereas claims relating to discrimination law, whistleblowing, trade union rights and the TUPE Regulations tend to be more complex
- Cases involving more than one Claimant or Respondent
- A requirement to amend or provide further information about an existing Claim or Response
- Preliminary issues such as whether the Tribunal has jurisdiction to hear the claim, or whether the Claimant meets any necessary qualifying criteria (such as having employment status)
- Preliminary and case management hearings (these are common but tend not to be required in straightforward or moderately complex cases)
- Defending claims brought by litigants in person
- The volume of documents and number of witnesses
- Non-compliance with Tribunal orders by the other party
- Participation in Judicial Mediation
- Complex areas of financial loss, such as pension loss or psychological injury
What do the above fees cover
These stages indicate the typical outline of an Employment Tribunal claim, although actual work may vary depending on the orders made by the Tribunal, your own instructions and the degree of co-operation from the other party or their representative.
- Taking full initial instructions and reviewing the case and any relevant documents
- Advising you on the merits of your claim or defence, the value of the claim, your options and prospects of success (this advice is kept under review throughout the case)
- (Where applicable) acting on your behalf in the ACAS Early Conciliation Process
- Drafting the Claim or Response
- Reviewing a Claim or Response submitted by the other party
- Drafting or reviewing a Schedule of Loss (a statement of the amount being claimed) and/or Counter Schedule of Loss
- Considering settlement and, where appropriate, negotiating settlement during the process
- Preparing for and attending any preliminary or case management hearings
- Collating documents and completing disclosure of documents with the other side
- Preparing a joint bundle of documents for the hearing (as is usually ordered by the Tribunal)
- Taking and drafting written witness statements (as is usually ordered by the Tribunal)
- Reviewing the other party’s witness statements with you
- Instructing counsel to represent you at the final hearing (See below)
Timeframe
The typical timeframe for an Employment Tribunal case varies. As a general guide, we would expect a case which does not settle before a final hearing to be concluded within 9 to 12 months for a straightforward case, 12 to 18 months for a moderate case and 18 months to 2 years in a high complexity case.
Counsel’s fees
The term ‘counsel’ refers to barristers, who specialise in the advocacy stage of proceedings and who regularly exercise the skills involved in handling witnesses and presenting a case in a Court or Tribunal. A case thoroughly and carefully prepared by a solicitor, with counsel then fully briefed to present that case in the Tribunal, is often the most effective (and cost-efficient) combination for a client.
We will provide recommendations as to the use and choice of counsel as appropriate to your case.
Alternative Funding Options
The general rule in the Employment Tribunal is that each side pays its own costs (i.e. you will not normally get any costs back if you win). Before proceeding with a claim you may wish to check whether the following alternative options for funding/representation are available to you:
- Legal Expenses Insurance – for individuals this may be included for example in your household insurance cover or may be a benefit attached to a particular bank account.
Employers should also check their business insurance policies, including any Directors and Officers’ insurance to see if the defence of employment claims is covered.
If you do have this insurance your insurers are legally obliged to allow you to instruct any solicitor you choose, but some insurers prefer you to use their nominated solicitor. Employer policies are likely to have an excess which must be paid by the employer, and some insurance companies also require the employer to pay the VAT element of any invoices.
- Trade Union Membership – most trade unions will have a facility to provide free legal advice and representation for their members
- Free advice and representation schemes – e.g. Citizens’ Advice, Law Centres and Pro Bono Schemes run by organisations such as the ELA.
- Contingency Fee (“No Win, No Fee”) Agreements – these are offered by some firms (Barrass Whiting LLP does not offer this option).
- Representing yourself or with the help of a friend or family member – it is not compulsory to have a professional legal representative in the Employment Tribunal. Tribunal Judges are used to dealing with cases where a party does not have a lawyer acting for them. To help your claim go smoothly it can be useful (although again it is not compulsory) to get some initial advice about the prospects and potential value of your claim and how to set it out in the initial claim form.
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