Employment Tribunal Claims for Unfair or Wrongful Dismissal

For Members of the Public

There are potentially various funding options available for employees who decide to pursue a claim against their employer for unfair dismissal and/or for wrongful dismissal.

Hourly Rates

We will charge for the work to be carried out on the basis of the hourly charge rate applicable and the time spent until the case is concluded. We would need an initial payment on account before any work can be started. That will be determined once we have met with you and considered and assessed your instructions and the case generally.

The overall costs involved will depend upon the complexity of the claim presented and the amount of time spent. The claim will be assessed and a cost estimate provided at the outset. Depending upon whether the claim concludes at a fully contested Employment Tribunal hearing, the costs can vary widely from between £1,000.00 to get the case issued and up and running in the Employment Tribunal to potentially up to £15,000.00 plus VAT (or more) to a contested 1 day hearing. The overall cost will depend upon the complexity of the case, the amount of documentation involved and the number of witnesses. If the final hearing is listed for more than 1 day the costs will increase.

The hourly rate applicable will be confirmed to you prior to commencing work on your behalf and is subject to the complexity of the case, and the experience of the lawyer who will be dealing with it.

Counsel will usually be instructed to deal with hearings including the final hearing. There will be additional charges for the instruction of Counsel. Cost estimates will be obtained from Counsel at the relevant time. Counsel’s fees may be in the region of £1,000.00 to £1,500.00 plus VAT per day. Any other disbursements such as expert fees will be payable by you.

If there are additional claims of discrimination as well as unfair or wrongful dismissal claims, that will impact upon the complexity of the case and increase the costs involved.

Legal Expense Insurance

If you have a home insurance policy then you may have legal expenses insurance attached to it. You may also have legal expenses attached to a motor policy or possibly via your bank if you pay for your account. If that is the case, then provided your claim falls within the terms of the policy cover and usually if it has a reasonable prospect of success i.e. better than 50% chance, your insurer may pay legal costs that have been reasonably incurred from the date that they agree to cover you. That will need to be dealt with and approved by your insurer.

Timescale

The time that it may take for your case to reach a final resolution will depend entirely upon the stage at which your case is resolved. If settlement is reached during the pre-claim conciliation process with ACAS, your case may take 4 to 6 weeks.

If your claim proceeds to a final Employment Tribunal hearing, your case is likely to take anywhere between 6 to 12 months and possibly longer. More complex claims are likely to take longer and will therefore be more expensive. This is an estimate and we will be able to provide you with more accurate timescales once we have more information and as the case progresses.

Work Potentially Involved

  • Dealing with ACAS and the pre-issue conciliation stage
  • Preparing your Claim Form and setting out the nature of the dispute and issuing your claim with the Employment Tribunal
  • Dealing with any provisional decisions or Orders made by the Employment Tribunal.
  • Dealing with disclosure of documents
  • Dealing with the preparation of witness statements and reviewing the other parties’ witness evidence
  • Instructing Counsel to deal with any hearings and/or to advise
  • Dealing with any applications or issues that may arise as the case progresses or if further evidence or information is required to support the claim
  • Exploring settlement options and negotiating settlement
  • Preparing bundles of documents for hearings
  • Agreeing list of issues, chronology
  • Preparing or considering Schedules of Loss
  • Advising as the case progresses and as circumstances may change
  • Preparing for and dealing with any preliminary hearing
  • Meetings with you
  • Attendance at a final hearing

This is a non-exhaustive list and is an indication of the various stages involved if a case proceeds all the way to a final hearing. If some stages are not required and/or the case settles earlier then the overall costs may be lower.

 

For Businesses

Fees/Hourly Rates

In order to defend an unfair or wrongful dismissal claim we will charge for our time spent on the basis of our hourly rates applicable to the work and the time spent to conclude the case.

We will consider the complexity of the instruction and the case generally in order to confirm the hourly rates applicable and the lawyer who will deal with the case. This will be confirmed prior to commencement of work on your behalf. We will provide you with cost estimates at the outset, and updates and further estimates as necessary as the case progresses.

The overall fees will depend upon the nature of the claim brought, the merits of the defence, whether the claim is brought by a litigant in person, whether there are any other factors or claims such as discrimination claims, which will make the overall case more complex, more time consuming and therefore more expensive to deal with.

There will be additional charges for attending any hearing and for Counsel. Counsel will usually be instructed to deal with hearings including the final hearing. Cost estimates will be obtained from Counsel at the relevant time. Counsel’s fees may be in the region of £1,000.00 to £1,500.00 plus VAT per day.

The case will be reviewed and assessed on a regular basis and further cost estimates provided on the basis of hourly rates and/or Counsel’s fees as appropriate as the case progresses.

The overall costs may vary widely, from an early settlement via ACAS and therefore potentially fees in the region of £1,000.00 plus VAT, up to £15,000.00 plus VAT (possibly more) to defend a claim to a 1 day Employment Tribunal hearing. The overall costs may be more or less than that subject to the nature of the case. Cost estimates will be provided and reviewed as the case proceeds. If the case is listed for more than 1 day additional costs will be incurred.

Timescale

The timescale involved to resolve the matter will depend entirely upon when the case is finally resolved. Whether that is at the pre-claim conciliation stage via ACAS, or whether it proceeds to a final employment tribunal hearing.

If settlement is reached during a pre-claim conciliation your case is likely to take 4 to 6 weeks.

If your claim proceeds to a final hearing at tribunal, your case is likely to take anywhere between 6 to 12 months and possibly longer. More complex claims are likely to take longer and will therefore be more expensive.

This is just an estimate and we will be able to provide you with more accurate timescales once we have more information and as the case progresses.

As the case progresses, and if the position becomes clearer or more straightforward, or conversely more complicated with more issues involved, we will provide further cost estimates as appropriate and based on the hourly rates, to take the case forward.

Work Potentially Involved

The work involved will depend upon the stage at which the case concludes. The work involved to take a case to a final Employment Tribunal hearing will include:-

  • Dealing with ACAS and the pre-issue conciliation stage
  • Preparing your Defence and filing the Defence with the Employment Tribunal
  • Dealing with any provisional decisions or Orders made by the Employment Tribunal
  • Dealing with disclosure of documents
  • Dealing with the preparation of witness statements and reviewing the other parties’ witness evidence
  • Instructing Counsel to deal with any hearings and/or to advise
  • Dealing with any applications or issues that may arise as the case progresses or if further evidence or information is required to support the claim
  • Exploring settlement options and negotiating settlement
  • Preparing bundles of documents for hearings
  • Agreeing list of issues, chronology
  • Preparing or considering Schedules of Loss
  • Advising as the case progresses and as circumstances may change
  • Preparing for and dealing with any preliminary hearing
  • Meeting with you

This is a non-exhaustive list and is an indication of the various stages involved if a case proceeds all the way to a final hearing. If some stages are not required and/or the case settles earlier then the overall costs may be lower.