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 and are split between the parties.
Costs Guidance for Employment Tribunal cases
- Issuing proceedings in an Employment Tribunal (ET1) £1500-£3000 plus VAT 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.
- Preparation of case including correspondence, telephone calls and drafting £1000-£2500 plus VAT.
- 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.
- Appeal Hearings at the Employment Appeals Tribunal and Court of Appeal £2500- £5000 plus VAT.
Overall costs for a simple case would be £6000 increasing to £10,000-£15,000 for a more complex case. VAT would be added to these figures.
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.
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 is qualified to practice law. She attended Chester College of Law and has specialised in Employment law, both contentious and non-contentious for over 25 years.
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 per hour by Lynne Burns.