Employment tribunal: our fees explained

Employment tribunal: our fees explained

There are a number of ways in which a case can be funded. For Employees you might have the benefit of insurance funding, union support or alternatively we can represent you on a private paying basis. For Employers, you might have the benefit of an existing insurance policy to cover costs, or alternatively we would be happy to represent you on a private paying basis.

If we are instructed to carry out work on a private paying basis, then our pricing structure for bringing and defending claims for unfair or wrongful dismissal are as follows:

Simple case : £3,000 to £6,000 (excluding VAT)

Medium complexity case : £5,000 to £8,000 (excluding VAT)

High complexity case : £8,000 to £15,000 (excluding VAT)

Factors that could make a case more complex:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by 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)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a tribunal hearing estimated to be between £750 to £1,500 per day (excluding VAT). Generally, we would allow one to three days for a tribunal hearing, depending on the complexity of your case. However, sometimes the hearing can be longer.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees or barrister (“Counsel”) fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel's fees estimated between £750 to £1,500 per day (depending on the experience of the advocate) for attending a tribunal hearing (including preparation)

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 revisited throughout the matter and can change)
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
  • Preparing claim or response
  • Reviewing and advising on claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss
  • Preparing for (and attending) 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 and attendance at final hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not needed, the fee will be reduced. You may want to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

How long will my matter take?

The time that it takes from 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 4 to 12 weeks. If your claim proceeds to a final hearing, your case is likely to take 6 to 12 months. This is just an estimate, and we will give you a more accurate timescale when we have more information and as the matter progresses.

Find out how Switalskis can help you

Don't let employment law issues keep you up at night. Take the first step towards resolving your concerns today. Get in touch with us for clear, empathetic and expert advice tailored to your unique situation. When you choose Switalskis, you're choosing a team that genuinely cares about championing your rights.

Speak to a solicitor today by calling 0800 138 0458 or get in touch via the website.

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