ET Pricing Guide

Employment Tribunal Litigation Pricing Guide 

Simple case - £5000 to £7500 plus VAT 

Medium complexity case - £7500 to £10,000 plus VAT 

Highly complex case £10,000 to £15,000 plus VAT  

Only in very exceptional circumstances will the costs of an employment tribunal claim  exceed £15,000 plus VAT however it is known to occur. Clients will be warned as far in  advance as possible if this is likely to be the case. 

Factors which would determine the complexity of the case are as follows: 

1) Allegations of discrimination which are linked to the dismissal; 

2) Defending or bringing applications to amend claims to provide further and better  particulars of the claim; 

3) Defending claims brought by a litigant in person; 

4) Making or defending a costs application; 

5) The number of witnesses and documents; 

6) The number of days listed for Final Hearing; 

7) Any claims detriment claims or automatic unfair dismissal claims (for example, whistleblowing claims); 

8) Dealing with complex preliminary matters such as determining disability; 9) Making or defending applications for specific disclosure. 

Our estimation of costs will often include disbursements, which are costs payable to third parties, such as medical professionals, court fees, or counsel’s fees. We will handle payment of these disbursements on your behalf, but you will be asked to pay the amount on account of costs prior to the disbursement being incurred.  

We have the capability to perform advocacy in-house, but this is dependent on the capacity of our advocates and the complexity of the claim. Unfortunately, we cannot ever guarantee that an in-house advocate will be available to represent you in the tribunal. In these circumstances,  we will instruct counsel on your behalf.  

If you are offered a quote for in-house advocacy, you will be provided with a ‘brief fee’  which includes the preparation and representation on the first day of the hearing and a  ‘refresher fee’ which represents the costs of representation for each subsequent day. Whilst our initial cost estimate includes a quote for advocacy, if counsel is instructed then fees can vary depending on the chambers, length of the call, location and if travel is required. 

It is difficult to predict how long a matter will last as often it is determined by the listing availability of the tribunal. Depending on the region, the length and type of claim, and whether there are substantial preliminary issues the timescale from inception to final hearing could be 6 months to 3 years. In most cases, a tribunal claim has the following  stages:

In more complex cases, further preliminary hearings or instructing and considering expert  evidence may be required. You will be notified and updated throughout as to the  anticipated stages of your particular matter. At every stage you will be advised upon  potential settlement, commercial considerations, costs versus benefit, and strategy.