The prospect of making a claim against your employer or having to defend a Tribunal claim as a small or large business is not be underestimated in view of the time and levels of stress involved. The Employment Team at Taylor Walton prides itself on providing a pragmatic and realistic approach in relation to Tribunal claims to achieve the best possible outcome for our clients.
We have a range of solicitors with which allows us to allocate a solicitor with the appropriate level of experience for the type of claim under consideration. For example, a relatively straightforward breach of contract claim for the non-payment of salary does not necessarily require a partner and can be undertaken by a junior solicitor. This is important to bear in mind as unlike other legal proceedings, in the Employment Tribunal it is usual practice for each party to meet their own costs.
If you successfully pursue or defend a claim, it is unlikely that you will be reimbursed your costs by the losing party (unless the losing party has acted unreasonably or vexatiously). Therefore, it is important to establish the cost/benefit of pursuing or defending a claim even if you are likely to win
Our average pricing for bringing and defending claims are as follows:
|Case Type||Average Fees|
e.g. unlawful deduction from wages
|£4,000-£7,000 (excluding VAT)|
|Medium complexity case
e.g. claims of wrongful or unfair dismissal
|£7,000 – £11,000 (excluding VAT)|
|Highly complex case
e.g. complex unfair dismissal claims, discrimination claims or whistleblowing
|£11,000- £25,000 (excluding VAT)|
The above figures provide an indication of the average costs associated with bringing or defending an Employment Tribunal claim. At the outset of your instructions, we will provide you with a fee estimate of your likely costs after we have undertaken an assessment of the claim and will give you regular cost updates throughout as the claim progresses. Our fee estimates will take into account the following key stages:
- Taking your initial instructions, reviewing the papers and advising you on the merits of your claim and likely compensation (this will be reviewed throughout the matter and subject to change).
- Entering into pre-claim conciliation (where this is mandatory) to explore whether a settlement can be reached.
- Preparing the Claim or Response.
- Review and advise on the Claim or Response from the other party.
- Exploring and negotiating settlement throughout the process.
- Preparing or considering a schedule of loss.
- Preparing for (and attending) a Case Management Preliminary Hearing.
- Exchanging documents with the other party and agreeing on the documents to be included in the bundle of documents.
- Taking witness statements, drafting statements and agreeing their content with witnesses.
- Preparing bundle of documents.
- Reviewing and advising on the other parties’ witness statements.
- Agreeing list of issues, a chronology and/or cast list.
- Preparation and attendance at a final hearing, including instructions to Counsel.
Disbursements are costs related to your matter that are payable to third parties, such as barristers fees. We will handle the payment of the disbursement on your behalf to ensure a smoother process. Please note that the above fees (see “Fee Estimates”) do not include barrister fees. We usually instruct barristers to represent clients at Employment Tribunal hearings for medium or highly complex cases, depending on the nature of the case. Barristers fees will vary depending of the level of experience required for the claim. Barristers generally charge a “brief fee” which includes preparation for the hearing and the first day of the case, plus a Refresher fee for subsequent days of the hearing. We will discuss with you the selection of the barrister to represent you at the hearing to ensure the barrister selected is appropriate for your case.
To provide you with an indication of the costs of instructing a barrister, please see the details below.
|Barrister fee for preparing for the hearing (the Brief fee)||Brief fees can range between £1,000 – £6,000, plus VAT depending on the experience of the barrister|
|Barrister daily fee for appearing at the tribunal||Daily rates for Tribunal representation range from £600 – £2,000 plus VAT|
Before submitting a claim or defending a claim, we will discuss with you possible funding options. For example, you may have insurance cover under your existing household or contents insurance policy for employment claims. If you have insurance cover available, this may cover some of the costs in relation to Employment Tribunal proceedings.
Length of Proceedings and Settlement
It is important to recognise that from the date of the submission of the claim to the final Tribunal hearing is usually a lengthy process. There is currently a large backlog of claims and therefore it may take up to 18 months for a claim to be heard, particularly those which are listed for a 3 to 5-day hearing. During the course of the process, most claims are settled either by way of a Settlement Agreement or through ACAS. We will be able to advise you in relation to this and prepare the required documentation to confirm the settlement.