Employment Tribunals

The costs for bringing or defending Employment Tribunal proceedings vary depending on the type and complexity of the case i.e. whether it involves multiple claims or parties, the number of witnesses involved and the number of documents which are required to be disclosed to the other side and which are disclosed by your opposing party. Factors also to be taken into consideration are the length of the main hearing and any subsequent Appeal hearings.

A straightforward case of unfair dismissal may be considered a simple case whereas discrimination and equal pay cases tend to be more complex.

It is always advisable to discuss costs at an early stage and establish if a fixed fee quotation would be appropriate for your type of case.

It is also important to remember that most cases settle before the final hearing which will considerably reduce costs. It is also possible to take the option of Judicial Mediation or Mediation through CEDR, which will reduce the overall time and costs of preparation and the necessity for a final hearing. In a situation where the case proceeds to Mediation the costs charged will be at the normal hourly rate referred to below. There are no separate fees payable for Judicial Mediation but the costs of the Mediator will need to be paid in the case of a CEDR Mediation. These are usually £3000-£4000 (plus VAT charged at 20%) and are split between the parties.

Costs Guidance for Employment Tribunal cases

Issuing proceedings in an Employment Tribunal (ET1) £1500-£3000 (plus VAT charged at 20%) depending on complexity of the matter as referred to in the first paragraph above.
Interlocutory stages e.g. applying for order or being the subject of orders by your opposite party made by the Employment Tribunal. One example of this would be an order for specific documents which you believe the other side has in its’ possession but which they have refused to disclose. £1500-£3000 (plus VAT charged at 20%).
Preparation of case including correspondence, telephone calls and drafting £1000-£2500 (plus VAT charged at 20%).
Disclosure of documents (this is called Discovery and is an essential stage of all litigation).
Final Hearing of the case depending on length of the hearing £3000 -£7500 (plus VAT charged at 20%).
Appeal Hearings at the Employment Appeals Tribunal and Court of Appeal £2500- £5000 (plus VAT charged at 20%).

Overall costs for a simple case would be £6000 (plus VAT charged at 20%) increasing to £10,000-£15,000 (plus VAT charged at 20%) for a more complex case.

Your case will be handled by Lynne Burns a qualified solicitor with over 25 years’ of experience. Lynne has both a BA Hons in English and has completed the Common Professional Examination and the Solicitors Final exams enabling her to practice law. She attended Chester College of Law and has specialised in Employment law, both contentious and non-contentious for over 25 years.

Disbursements

In some cases it may be preferable and advisable to instruct Counsel / a barrister to handle the applications, advice or more usually to conduct the main hearing before the Tribunal. Counsel’s fees will be separate and vary depending on seniority and the length and complexity of the case. You will be given a quote and asked to agree these in advance. These Counsel / a barrister fees are called disbursements and VAT charged at 20% will be payable upon the fees.

You will be informed of any disbursements that will be payable by you in order to deal with your matter, as well as whether they attract VAT (charged at 20%), prior to the cost being incurred. Disbursements are expenses related to your matter that are payable to third parties. Examples of disbursements for employment include: –

Disbursement

Cost

Is VAT Payable?

Barrister’s fees

A barrister’s fees are usually between £1,500 to £10,000 plus VAT@20% (depending on the experience of the barrister) for the first day of a final Tribunal Hearing (including preparation).

You will pay a Brief fee (i.e. initial fee for the Barrister) and then refresher fees for each day that the hearing lasts after the first day. All of these are subject to your approval.

Yes, fees are plus VAT at 20% for most barristers apart from very junior ones who do not meet the VAT earnings level

Expert fees – e.g. medical reports, IT experts depending on the issues in the case to be determined

£1,500 – 3,000 for a Consultant report

£500 – 2,500 for other experts. Additional cost for attendance if necessary of £200-£400 per hour.

Yes, fees are plus VAT at 20% on consultants reports and other experts fees.

Usually no VAT on GP reports

Legal costs generally

Legal costs for advice and dealing with e.g. Settlement Agreements or advice/drafting contracts or other legal advice is provided at £250 (plus VAT charged at 20%) per hour by Lynne Burns.