Employment Tribunal Fees Cost Guide
We believe in ensuring quality in our services and aim to ensure that the funding of your case is cost-efficient and entirely transparent. We appreciate that understanding the costs of your case will be important to you and it is therefore important that you are fully aware of how much you are likely to need to pay to fund your case.
We charge on a time basis, based on hourly rates, which for our Employment Team range from £204.00 – to £390.00 (including VAT at the current rate of 20%) as at January 2025. What hourly rate applies will depend on the fee earner carrying out the work for you and what level of expertise is needed for that particular part of the work. Wherever possible we will ensure that the work being carried out is being done by someone at the appropriate level, thereby not incurring you enhanced fees when that level of expertise may not be required.
Costs of pursuing or defending an Employment Tribunal claim will vary depending on the nature of the claim and the identity of the parties. We will always agree a cost estimate with you based on the likely level of work involved in advance of carrying out a particular piece of work. To assist you in better understanding where fees are likely to be incurred and the different stages of the process, we have estimated the likely work involved below. This is based on an unfair or wrongful dismissal hearing. If your case involves more complex elements such as discrimination or whistleblowing, work and fees will exceed those estimated below.
Based upon the below, should you require our assistance from the early conciliation process to the final hearing the total cost for handling a matter based on our maximum hourly rate above this would amount to between £18,420 (£15,350 plus VAT @20% (£3,070)) to £27,780 (£23,150 plus VAT @20% (£4,630)). A more accurate quote will be provided at the time of your enquiry.
It may be that you will not need us to assist with each stage of proceedings, but the key stages and anticipated work for each is as follows:
| Work involved | Time estimate | Cost Estimate (figure quoted inclusive of VAT)* |
|---|---|---|
| Early Conciliation with ACAS | 3-5 hours | £1,170 – £1,950 |
Bringing a claim via an ET1 and Particulars of Claim or defending a claim via an ET3 and Grounds of Resistance response. Work will include:
|
5-10 hours | £1,950 – £3,900 depending on complexity |
Preparation for and attendance at Preliminary Hearing (if required) for case management purposes. Work will include:
|
3 – 5 hours | £1,170 – £1,950 |
Disclosure of Evidence. Work will include:
|
4 – 6 hours | £1,560 – £2,340 |
| Preparation of hearing bundle (employer only) | 3 – 5 hours | £1,170 – £1,950 |
| Witness statements | Dependent on number of witnesses and statements required, as well as complexity and nature of evidence.
Main witness statement as the employee pursuing the claim or as the employer’s main witness statement defending the claim, their witness statement is likely to take in the region of 6-10 hours. Additional shorter witness statements are likely to take in the region of 2-3 hours’ per additional witness statement, with on average an additional two witnesses. |
Main Witness Statement:
£2,340 – £3,900 Per additional witness statement (with on average an additional two witnesses): £780 – £1,170 |
| Statement of Legal Issues for the judge to consider at the Final Hearing, pus Chronology or Cast List (subject to case management orders from the tribunal) | 4 – 6 hours | £1,560 – £2,340 |
| Instructions to barrister in readiness for attendance at the hearing | 2-3 hours | £780 – £1,170 |
| Barrister attendance at the hearing (charged as a disbursement) | Estimate based on 2-day hearing
(additional days at extra cost) |
£3,600 |
| General correspondence | 4 – 6 hours | £1,560 – £2,340 |
*For Cost Estimate purposes these figures have been calculated based on the Employment Team’s maximum hourly rate above of £399 inclusive of VAT (with VAT charged at the current rate of 20%)..
Due to a number of variables, the number of hours it will take to deal with your case can vary greatly. These estimates are provided as an estimate only.
Additional work – Hourly Rates
Depending on the complexity of the claim, additional fees may apply at the fee earner’s hourly rate, at the following indicative rates:
| Partner | £348 incl VAT at current rate of 20% |
|---|---|
| Solicitor | £288 incl VAT at current rate of 20% |
| Trainee Solicitor / Legal Advisor | £216 incl VAT at current rate of 20% |
Please refer to individual staff profiles Our People – Redkite Solicitors for details of individual qualifications and experience. In addition to the lawyer handling the claim, all client files are supervised by the Head of Department and Partner, Carys Lodwick.
Timescales
The timeframe for handling this type of case can vary greatly and so it is extremely difficult to provide an estimate without knowing what the case involves.
Some unfair dismissal claim cases can settle within a matter of weeks where they are resolved during the Early Conciliation Process but where the claim proceeds to a Final Hearing, the case could take anywhere between 6-12 months. There will be some cases though that can take up to 2 years so it is best to be prepared for this.
How soon you will have a final hearing listed by the tribunal will vary greatly. This will depend on the length of time an Employment Judge considers your claim to be listed for to hear the full claim (including both liability and quantum). Typically unfair dismissal claims tend to be listed for 2-3 days’, subject to the factors referred to below.
Claims which are more complex involving claims relating to whistleblowing or discrimination are more regularly a minimum of 5 days’ in duration. The longer the final hearing, the more likely it is that you will have to wait longer for your final hearing to be listed given it is subject to availability of judges and resource at the relevant Employment Tribunal. Availability also differs regionally meaning some tribunals have longer wait times to others.
Services not included in the fee quoted
The fee will not include any advice or assistance on any follow up appeal or other action should the case be unsuccessful. We can discuss any options and fees for those next steps if and when appropriate.
Expenses and Disbursements
Disbursements are likely to be limited to the cost of attendance by a barrister for a hearing, on which VAT at the current rate of 20% will be chargeable. These fees will be incurred by us at Redkite Solicitors and charged to you as a client as a disbursement inclusive of VAT. An estimate of that disbursement cost is incorporated in the Key Stages table above.
Where independent expert reports may be needed, this would be at an additional cost. For example if a medical expert is required. The Tribunal may order that this cost should be borne by you, the other party or split between the parties. VAT would be chargeable on such services at the current rate of 20%. It is not possible to predict the cost of these as this varies according to the particular circumstances
No fees are currently payable when bringing an Employment Tribunal claim. However, a Claimant can be asked to pay a deposit and, in exceptional cases, either party can be ordered to pay the costs of the other.
Factors that are likely to increase or decrease the cost for an Employment Tribunal claim include the following:
- Whether the claim progresses to full judgment and remedy or whether the case is settled at an earlier stage. Costs will then depend on work carried out to date;
- The duration of the scheduled hearing and the nature of the claim. Most unfair and wrongful dismissal claims may be 2 day hearings, but they can be 3 -4 day hearings or more, if they involve multiple witnesses. This is likely to mean a higher cost for witness statement preparation and higher disbursements for attendance at the hearing for the additional days;
- If a case involves more complex issues such as discrimination, the level of work involved is greater and any Final Hearing is likely to be for a minimum of 5 days;
- Where the disclosure exercise requires greater ongoing discussions and challenges with the opponent regarding documents already disclosed or omitted from their disclosure exercise that we consider should be available and relevant to the tribunal;
- The amount of supporting evidence that we would need to consider for the purposes of advising you on the tribunal proceedings. This will also have an impact on the level of work involved in preparing and finalising any bundle for you given we would need to be familiar with all evidence in order to do so;
- Whether any additional Preliminary Hearings are ordered to consider additional preliminary points above initial case management.
- If additional Preliminary Hearings are ordered, where those require preparation of witness statements for the hearing or where a bundle of documents is required for the preliminary Hearing;
- Where representation by a barrister is recommended for the Preliminary Hearing, for example where complex issues surrounding disability, strike out of claims or without prejudice disputes are to be considered. We would discuss this with you in advance, including providing you with a cost estimate for their service which would be charged as a disbursement in accordance with the detail set out below.
- Preparation of witness statements is charged based on the number of witnesses and time involved, and this varies from case to case. Witness statements are taken as read in a tribunal so they need to be as detailed as possible as no ‘new’ evidence can be introduced at the hearing that isn’t already covered in the witness statement;
- Costs will also depend on whether the other party is legally represented or not. If the other party is not legally represented, it can cause additional work for the first party, as the other party then has to be guided to ensure that they too understand case management directions and what is expected of them;
- Costs will also depend on whether the client has opted for full legal advice so that we manage everything, from issuing or defending the claim to liaising with the client for preparation of their witness statements. Alternatively, some clients opt for a ‘light touch’ approach, whereby we assist them with certain aspects of a claim in the background only, for example reviewing a witness statement of defence that they themselves have put together.
Please see here for more information on the Tribunal Process and likely timescales.
Recoverability of Legal Fees
Even if a party is successful in their claims, it is very unlikely that the tribunal will make an order requiring the other party to pay their legal costs.
The Employment Tribunal will only order that one party pay the other party’s costs in limited circumstances, usually where it considers that a party or their representative has acted “vexatiously, abusively, disruptively, or otherwise unreasonably”, or that they have been “misconceived” in bringing or defending the proceedings. It is rare for the tribunal to make any costs order but independent legal advice should be sought to discuss this further.
Affordability of Legal Fees
We do not offer any conditional fee arrangements for pursuing Employment Tribunal claims. We however recommend that all clients check any insurance policies they may have to see if they have any legal expenses insurance which may provide cover for employment disputes. We regularly assist clients with pursuing claims in accordance with the terms of their legal expenses insurance.
