Employment Tribunal for Employers

Our expert employment lawyers can guide you through each step of the process of dealing with an employment dispute, while removing as much stress and uncertainty from the situation as possible. We can help you to secure the best available outcome for your business, while minimising any negative impact on your commercial interests.

Fixed fees – prior to a tribunal claim being made

Simply because you have a dispute with an employee does not necessarily mean that you would face a formal claim to the Employment Tribunal. Resolving a dispute without the need for a formal claim to be made can often be the most efficient and cost-effective outcome for your business.

The fees depend upon the instructions:

i) Taking initial instructions between £320 plus VAT and £680 plus VAT

ii) Drafting Settlement Agreements between £320 plus VAT - £680 plus VAT

iii) Negotiating terms of Settlement Agreement between £32 plus VAT - £340 plus VAT

iv) Engaging in early ACAS conciliation between £320 plus VAT - £100 plus VAT

Pricing – Defending A Tribunal Claim

The fees involved in defending claims of unfair and/or wrongful dismissal are based on three bands, however it is not always possible to provide a fixed fee in this regard.

We will advise of the funding options available to you, for example, using any legal expenses insurance which your business is covered by.

There are various factors we will consider when deciding what pricing band your case falls into. We will make this assessment and inform you of the relevant fee estimate at the earliest opportunity.

Simple claim between £5,000 plus VAT - £8,000 plus VAT

Medium claim  between £8,000 plus VAT - £15,000 plus VAT

Complex claim £15,000 plus VAT - £25,000 plus VAT

Factors that may influence this may include the need for;

• Responding to a claim which has been made against you
• Reviewing documents
• Compliance with Orders made by the Tribunal
• Attending preliminary hearings
• Making applications to the Tribunal on your behalf or responding to applications made by the other side

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Counsel’s fees. If Counsel is required to attend a final hearing then fee estimates will be obtained prior to fees being incurred. The level of Counsel’s fees will depend upon the complexity of the issues and the seniority of Counsel required.

Exclusions

There may be factors which would typically increase the cost of the fees estimated above. Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.

Factors that may lead to an increase in cost include: 

• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim 
• Defending claims that are brought by litigants in person 
• The issues become more complex than first claimed 
• If high levels of witness evidence are required ·If high levels of documents need to be reviewed 
• If a claim involves allegations of harassment / bullying / victimisation / discrimination / whistle blowing

Time scales

The time that it takes from your initial instructions to the final resolution of your matter depends upon the stage at which the case is resolved.

If a settlement was reached via a settlement agreement then this could be achieved within 2 to 3 weeks of the dispute. If ACAS early conciliation was required then this process can take up to 4 weeks from the point that ACAS is contacted.

If it is necessary to defend a Tribunal claim then it can take 2-3 years to reach a final hearing. This will largely depend upon the complexity of the case.

Key milestones

With every transaction there are key milestones; our fee will include these milestones and may be as follows:

• Taking your instructions
• Reviewing documents and advising you on the merits of the claim being brought against you
• Advising upon the potential value of a claim being brought against you Advising on a settlement agreement (where appropriate)
• Entering into ACAS early conciliation
• Drafting a response to a claim
• Negotiating settlement via ACAS
• Attending a preliminary hearing
• Exchanging documents with the other side
• Preparing witness evidence
• Preparing a bundle of documents for the
• Tribunal Agreeing a list of issues and/or chronology
• Preparation for and attendance at a final hearing, including drafting instructions to Counsel where appropriate