Our quote for the legal work on your defence of an employment tribunal claim for unfair or wrongful dismissal will be given on a fixed fee basis, subject to assumptions which are set out below. All legal fees and additional costs quoted on this page are exclusive of VAT with the amount of VAT (at the current rate of 20%) shown; this is the usual method of pricing for businesses.
The quote that we give you will be based on your company’s individual circumstances and will depend on the complexity of the case. The following factors are likely to make your defence more complex:
- If it is necessary to defend applications to amend claims or to provide further information about an existing claim
- Making a costs application
- Defending claims that are brought by litigants in person
- Defending a costs application
- Complex preliminary issues (if not agreed by the parties)
- The number of witnesses and documents
- There are allegations of discrimination which are linked to the dismissal
TSP legal fees for your Employment Tribunal Defence: The vast majority of claims for unfair or wrongful dismissal do not proceed to a final hearing before an Employment Tribunal and settle at an earlier stage. For this reason, in the table below, we have shown the key stages in an Employment Tribunal Defence and given a VAT exclusive fixed fee for each stage ranging from simple to complex.
|Complexity of Case||From Simple||To Complex|
|Total||£11,830 (+£2,366 VAT)||£36,920 (+£7,384 VAT)|
|We take your initial instructions, review any papers and advise you on your position and next steps.||£780 (+£156 VAT)||£3,120 (+£624 VAT)|
|We will respond to contact from ACAS to explore whether the employee will settle the case before bringing a claim to the tribunal.||£260 (+£52 VAT)||£260 (+£52 VAT)|
|We receive, review and advise you on the employee’s claim.||£520 (+£104 VAT)||£1,040 (+£208 VAT)|
|We prepare the response and file the response form with the employment tribunal. We advise you on the merits of the employee’s claim and any likely compensation. We will review these as the matter progresses.||£1,560 (+£312 VAT)||£3,120 (+£624 VAT)|
|We help you to prepare for and attend any preliminary hearing. We deal with any case management orders made by the employment tribunal.||£520 (+£104 VAT)||£3,120 (+£624 VAT)|
|We consider and advise you on the possible settlement of the employee’s case and negotiate any settlement. We will do this throughout the process.||£520 (+£104 VAT)||£3,120 (+£624 VAT)|
|We receive and advise on the employee’s schedule of loss. We prepare and provide the employee with a counter-schedule of loss.||£520 (+£104 VAT)||£3,120 (+ £624 VAT)|
|We collect any relevant documents from you, prepare a list of these for the employee and provide them with documents they request from the list.||£520 (+£104 VAT)||£2,080 (+£416 VAT)|
|We receive the employee’s list of documents, request and consider documents on the list.||£520 (+£104 VAT)||£1,040 (+£208 VAT)|
|We agree a bundle of documents with the employee that the employment tribunal needs to consider at the hearing.||£520 (+£104 VAT)||£2,080 (+£416 VAT)|
|We agree with the employee, a list of issues, a chronology and a cast list for the employment tribunal to use at the hearing.||£260 (+£52 VAT)||£2,080 (+£416 VAT)|
|We take witness statements from your staff, draft the statements and agree the statements with your witnesses. |
(Cost indication per statement)
|£2,080 (+£416 VAT)||£3,120 (+£624 VAT)|
|We prepare copies of the agreed bundle of documents and provide these to the employee and the employment tribunal.||£520 (+£104 VAT)||£2,080 (+£416 VAT)|
|Exchange witness statements with the employee.||£130 (+£26 VAT)||£260 (+£52 VAT)|
|We receive and advise on the witness statements provided by the individual.||£260 (+£52 VAT)||£2,080 (+£416 VAT)|
|We prepare instructions to the barrister, who will represent you at the hearing.||£260 (+£52 VAT)||£2,080 (+£416 VAT)|
|We arrange and attend a conference with the barrister|
(+£52 VAT) (phone)
|£1,040 (+£208 VAT)|
|We attend the employment tribunal hearing with you and the barrister (per day).||£1,300 (+£260 VAT)|
|£1,300 (+£260 VAT)|
|We receive the employment tribunal’s judgment and advise you on the implications.||£520 (+£104 VAT)||£780 (+£156 VAT)|
In some circumstances you may wish to handle parts of the defence yourself and only have our advice in relation to some of the stages, this can also be arranged, based on your individual needs.
If it is necessary for our lawyer to travel to attend a hearing then we will charge travelling expenses in addition to our legal fee. These will depend on the location and length of the hearing and whether an overnight stay is required. We will discuss this with you at the time.
In addition to our fixed fee for the legal work you may also incur Barrister’s Fees. These will depend entirely on the experience of the advocate and the complexity and needs of your case.
A Barrister will usually be required in cases which reach a final hearing before a tribunal. In simple cases it may only be necessary to have a telephone conference with the Barrister. However, in more complex cases it is not unusual to incur an average fee of £4,000 (+£800 VAT) for briefing a Barrister. This fee would include time to prepare for the hearing also. Daily fees in the region of £2,000 (+£400 VAT) for attending your hearing, which may typically last 1 to 2 days, would also then be charged .
In our FAQ section, which you can access by clicking the yellow FAQ tab above related people and related guides below, you will find important information on
- Key assumptions about the cost of your employment tribunal defence
- Key exclusions from the cost of your employment tribunal defence
- How long will your employment tribunal defence take?
Your claim will be progressed by Lawyers in our Employment Law team whose details can be found in related people below. For the purposes of pricing transparency and legal supervision team leader, Jolyon Berry is supervised by The head of the Litigation team, Steve Webb, and Lisa Dixon and Sam Welham are supervised by Jolyon on Employment matters. Please read their profiles to find out more about the lawyers in our Employment Law team.