Fees related to bringing or defending an Employment Tribunal claim for unfair or wrongful dismissal

The Berwins' approach

Clients instructing Berwins will receive the following:

• Your own dedicated point of contact and direct access to an experienced employment solicitor handling your claim.
• Our Employment team can be seen here and is recognised as employment law / HR specialists in Yorkshire in leading legal directories, Chambers & Partners and Legal 500. Regardless of who is assigned to your matter, they will be supervised by industry ranked Mike Patterson, Director and Head of Berwins’ Employment Team.
• Regular updates on the progress of your claim at each Stage by phone or email, and when necessary by meeting face to face. How you wish us to keep in touch and how often will be agreed from time to time with you.  Whilst we like to keep in regular contact some clients prefer to only hear when there’s an update – for example, when there’s a response from the other party involved, ACAS and/or the employment tribunal.
• Access to experienced barristers, experts and professionals if needed, to get the best result for you and your claim.

What are the key stages in bringing or defending an employment tribunal claim?

Berwins’ Employment team is experienced in successfully bringing or defending employment claims on behalf of both individuals and employers.  We offer a supportive and responsive service to guide you or your business through the process and do our best to achieve the result you want!

The key stages of a claim for unfair or wrongful dismissal that we can support and advise you on are:

1. Taking your initial instructions, reviewing the papers and advising you on the strengths and weakness of the claim, and the costs involved (more detail below under “How much will it cost?”)
2. Liaising with and entering into pre-claim conciliation with ACAS on your behalf (where this is required) to explore whether a settlement can be reached or not
3. Preparing and drafting your claim or response / defence to the claim, and submitting this to the employment tribunal within the necessary timescales
4. Reviewing and advising on the response from the other party / parties involved in the claim
5. Preparing for and attending any preliminary hearings at the employment tribunal
6. Advising on and helping you to comply with the timetable and deadlines set down by the employment tribunal in handling the claim
7. Exchanging documents with the other party / parties (or their advisers) involved in the claim and agreeing a bundle of documents for the employment tribunal hearing
8. Preparing witness statements
9. Reviewing and advising on other party’s / parties’ witness statements
10. Preparing for and attending the final employment tribunal hearing  

How much will it cost?

The cost of bringing an employment tribunal claim will depend greatly on the complexity of your claim and how many of the Stages (set out above) you wish Berwins to assist you with.

At the outset of our engagement, our expert team will carry out an assessment on the strengths and weaknesses of your claim.

Our fees for bringing or defending claims for unfair or wrongful dismissal depend on the complexity and nature of the claim, and the conduct of the other party and/or their representative.  In our experience, the likely costs will be as follows:

• Simple claim: £1,000 to £5,000 plus VAT (£1,200 to £6,000 in total)
• Medium complexity claim: £5,000 to 12,500 plus VAT (£6,000 to £15,000 in total)
• High complexity claim: £12,500 to £20,000 plus VAT (£15,000 to £24,000 in total)  

Factors which could make claims more complex include:

• Defending claims that are brought by litigants in person
• Complex preliminary issues that need to be addressed with the tribunal, such as time limits or amending claim or response forms
• Making or defending a costs application
• The number of documents and/or witnesses involved

We will provide you with pricing options for you to choose from, which will include a fee estimate or a fixed fee depending on the type of work to be undertaken.  Each pricing option will set out what work and advice, will be included, as well as setting out the exclusions of the work and advice that will not be included. We will keep you updated and agree with you in advance the fees involved at each Stage.  Your work will be allocated to the most cost effective team member with the appropriate experience.

A full list of our hourly rates for all grades of staff at Berwins can be found here.For Employment these range from £135 to £345 plus VAT (£162 to £414 in total)

Are there any additional costs? 

Additional costs (sometimes called disbursements) which are payable to third parties, may apply to your claim.  These can include for example, a barrister’s and/or expert’s fees.  Again, depending on the complexity of the claim you may not always need a barrister or an expert. Barrister fees are between £600 to £1,750 plus VAT per day (£720 to £2,100 in total), depending on experience for attending a tribunal hearing (including preparation).

We will advise and agree with you at each Stage if and when a disbursement is needed, and what this will cost be. We can handle the payment of the disbursements on your behalf to ensure a smoother process.  

How long will the claim take?

The time it takes from Stage 1 through to the final resolution of your matter, depends largely on the Stage at which your claim is resolved. 

For example, if a settlement is reached or the claim goes no further at Stage 2 (above), your claim is likely to take 4 to 6 weeks.  However, if you claim proceeds through to a final hearing at Stage 10 (above), then in our experience and depending on the availability of the employment tribunal, your claim is likely to take 6 to 12 months to reach a conclusion.  

Any questions?

This is intended as a guide only to the fees relating to bringing or defending an Employment Tribunal claim for unfair or wrongful dismissal. We always urge clients to call us so we can discuss your situation in detail to fully understand your needs before we quote.

We can also offer you fixed fees for other work types such as drafting and/or advising on service agreements, contracts of employment, staff handbooks and settlement agreements. 

Call us on 01423 542778 to receive your personal quote and further information.