Employment Tribunals
Pricing Guidelines
Fees and charges for undertaking employment tribunal work
Not all workplace disputes can be resolved, and you may find yourself in the position of needing to bring or defend Employment Tribunal proceedings. At Patch Law, we can advise and/or represent you in such proceedings. Depending on your preference and your budget, this could be to run your case in its entirety on your behalf, or you may prefer us to support and advise you in the background, but not formally go on record as your representative.
The information set out below is based on you instructing us from the outset (i.e. from the preparation and issue of the claim, for claimants, or from the receipt of the claim, for employers), but we can come onboard at any stage and begin assisting you part way through a tribunal case. We will usually charge on an hourly rate basis, but may occasionally accept instructions on the basis of a fixed agreed fee for work where the scope of what is required is clearly defined.
FEES
While no tribunal claim is exactly the same and complexity can vary widely, we have set out below an outline of the potential costs and timeframes should you decide to instruct us to assist you with bringing or defending claims for unfair or wrongful dismissal up to the final hearing. This has been done in accordance with regulatory requirements.
In reality, very few cases (significantly less than 10%) reach final hearing. We are experienced negotiators and will help you agree a fair settlement of the case at an earlier stage. If this happens, costs will be considerably lower than the average ranges below.
Unfair dismissal and Constructive dismissal claims – a claim for unfair dismissal or constructive dismissal will typically take between 50 and 100 hours of a solicitor’s time, at their standard hourly rates ranging from £210 to £330 + VAT. On this basis, estimated costs will be £10,500-£33,000 + VAT. Please note, this is with no discrimination or other complexities such as whistleblowing, and does not include representation at the final hearing (see below).
Wrongful dismissal claims – a claim for wrongful dismissal will typically take between 20 and 30 hours of a solicitor’s time, at their standard hourly rates ranging from £210 to £330 + VAT. On this basis, estimated costs will be £4,200-£9,900 + VAT. Please note, this is with no discrimination or other complexities such as whistleblowing, and does not include representation at the final hearing (see below).
There may be other claims, for example discrimination, which make the case more complex and therefore have an impact on cost. Our fees are subject to VAT, which is chargeable at 20% eg £310 + VAT is £372 as the total hourly rate including VAT, and exclusive of expenses and disbursements (see below).
EXPENSES AND DISBURSEMENTS
In the majority of tribunal proceedings, it is likely that there will be additional costs incurred in addition to our fees. These other costs can include disbursements, which are costs related to your matter that are often paid by us to a third party and then claimed back from you. These are subject to VAT. Examples of some common additional expenses are listed below:
Court fees
Counsel’s fees – this fee will be incurred where a barrister is instructed to represent you in a tribunal hearing. The fee amount is dependent on the barrister’s experience, the duration of the hearing and the amount of documentation, £1,750 to £2,750 + VAT per day being a guideline.
Travel and/or hotel expenses when representing you at an in-person hearing – the total cost will depend on the location and duration of the hearing.
Administrative charges, for example postage/courier costs and photocopying of files of documents for Tribunal.
TIMESCALE
In our experience, a typical tribunal claim can take one to two years to reach a Final Hearing. The timescale for resolving your matter will likely be impacted by several different factors, such as the workload of the regional Tribunal hearing the case, the complexity of your case, the number of claims being brought, and whether a settlement is achieved at some stage in the proceedings.
KEY STAGES
The fees outlined above will cover the work in relation to the following key stages of a typical claim for unfair or wrongful dismissal:
Conducting ACAS pre-claim Early Conciliation on your behalf (Claimants)
Drafting statement of case, completing and submitting Claim/Response form
Reviewing and advising on Response (for Claimants)
Exploring settlement and negotiating settlement throughout the process
Preparing/considering a schedule of loss
Preparing for (and attending, if required) a Preliminary Hearing
Listing and exchanging documents with the other party (disclosure)
Taking witness evidence, drafting statements and agreeing their content with witnesses
Taking witness evidence, drafting statements and agreeing their content with witnesses
Preparing the bundle of documents for the Final Hearing
Reviewing and advising on the other party’s witness statements
Agreeing a list of issues, chronology and/or cast list (where required)
Preparation and attendance at Final Hearing, including instructions to Counsel (where instructed)
Reviewing and advising you on the tribunal decision
The stages set out above are an indication only and in practice some stages may not be required and/or additional stages will be required. This is likely to impact the amount of time spent and work to be carried out, and subsequently the overall fee.
FEE EARNERS
The fee earners running your case will always be qualified solicitors. Each of our solicitors is a specialist in employment law and all are experienced in undertaking tribunal work and advising on a range of employment matters. There will often be occasions where we utilise the support of trainee solicitors and/or paralegals to assist with casework. This is always with a view to keeping your costs down and such work will always be conducted under the supervision of a qualified solicitor.
Further information on our team members can be found on our website, which includes details on their qualifications and experience.
