Employment Pricing Information

Forsters LLP’s employment law specialists often act for claimants and respondents in Employment Tribunal disputes. Our aim is always to provide tailored advice and assist our clients to resolve matters quickly and commercially. The profiles for our employment team members can be accessed via the following links:

• Joe Beeston
• Nina Gilroy

The prices set out below are intended to give you an indication as to the average cost of bringing or defending unfair and wrongful dismissal claims in the Employment Tribunal. These do not include the likely costs for other claims which are typically brought in conjunction with unfair and wrongful dismissal claims (e.g. discrimination or whistleblowing claims). We charge on a time-spent basis by reference to our hourly rates. The applicable hourly rate will depend on the seniority of the lawyer working on your matter.

Please note that the costs set out below are in relation to your legal expenses. There is a risk that if you lose your claim in the Employment Tribunal, you might be awarded to contribute towards the other side’s costs (although such awards are not common).

Our pricing for bringing and defending claims for unfair or wrongful dismissal

Whilst litigation is never the same (and our fees will depend on the individual circumstances and the features of the litigation), in our experience, our total fees (excluding VAT) for handling your matter will usually be as follows:

Factors that could make a case more complex:

• the number of issues in dispute
• whether there is a litigant in person
• the number of documents disclosed by both parties
• the number of witnesses involved
• whether there are any preliminary points to be resolved before the final hearing also needing a hearing
• the number of days the case is listed for final hearing
• your purpose and objectives.

There will be an additional charge for attending a Tribunal Hearing. By way of indication, assuming a junior lawyer attended, the charge would be approximately £2,000 - £2,500 (excluding VAT) per day. Generally, cases are listed for trial as follows:

• 1-2 days (for simple cases)
• 2-5 days (for medium complexity cases)
• 5-10 days (for high complexity cases) for a Final Hearing

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of disbursements on your behalf to ensure a smoother process. You will also incur Counsel's fees (the barrister who will represent you at the hearing): these will typically be between £2,500 to £30,000 (excluding VAT) (depending on experience of the advocate and length of hearing).

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 likely compensation (this is likely to be revisited throughout the matter and subject to change)
• entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
• preparing the 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 only and, if some of the stages are not required, our fees will be less. You may wish 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 taking 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 4-8 weeks. If you claim proceeds to a final hearing, your case is likely to take at least 6 – 9 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Additional costs

Please note that all fees/costs referred to in the above are exclusive of VAT, and VAT at 20% will be added when our invoices are raised. Further incidental costs such as photocopying charges and couriers may also be incurred.