Defending Employment Tribunal claims

In compliance with the Solicitors Regulation Authority's Transparency Rules, the following information explains our UK charges and services when advising employers on the defence of unfair or wrongful dismissal claims in the Employment Tribunal. 

Before proceeding to instruct a law firm in the defence of a claim, we recommend that our clients check the coverage provided under any relevant insurance policy.

Our charges to an employer

It is not possible to give an exact figure for our charges in relation to defending a tribunal claim for unfair or wrongful dismissal, as much will depend on the nature and complexity of the claim and the time spent. We strongly recommend that you contact us to discuss a tailored estimate specific to you and your requirements. Our work on Tribunal matters is charged by reference to our standard hourly charge out rates and the amount of time likely to be spent on the matter.  We would normally expect the defence of a claim which proceeds to a full hearing within the UK Employment Tribunal to be within the following ranges:

As the table indicates, our charges vary according to the complexity of the case. Factors that are likely to make a case more complex include the following:

• the number of witnesses and/or documents involved;
• defending an application to amend the initial claim;
• where the claim is poorly drafted and several applications have to be lodged for further and better particulars of the claim that has been made;
• where the claim is made directly against employees within the business as well as the business as a corporate entity;
• dealing with complex preliminary issues;
• where the claimant is not legally represented;
• where the claimant alleges discrimination linked to the dismissal;
• where the claimant claims automatic unfair dismissal for whistleblowing;
• if a significant volume of data is produced as part of the disclosure process;
• where the claimant lodges separate, but connected, proceedings in the High Court; and
• making or defending a costs application.

Disbursements

Disbursements are additional costs related to your matter that are payable to third parties in addition to our own charges.

The main disbursement in relation to the defence of a tribunal claim is usually the cost of instructing a barrister to attend the Tribunal hearing (known as "Counsel"). These fees vary considerably according to factors such as Counsel's seniority, the complexity of the case, the length of the hearing and the amount of time spent.

Counsel's charges usually consist of a "brief fee" which covers the costs of preparation and the first day of the tribunal hearing. Where the hearing lasts for more than one day, Counsel also charges a "refresher fee" for each additional day spent at the tribunal.

Typical Counsel's fees for the defence of a tribunal claim are within the following ranges:

It may be necessary to engage an external technology provider to assist with the production of documents as part of the disclosure process. The costs of this service vary depending on the provider and the volume of data which needs to be extracted and reviewed, but the average costs can range from £2,000 to £16,000. Additional technology costs may be incurred if a specialist forensic investigation is required; the average cost of this would not usually exceed £4,000.

We may also charge separately for non-legal services provided to you including photocopying, printing, telephone calls, electronic funds transfers, catering, travel expenses, company searches and any support services which are provided outside normal working hours. Details of these additional expenses will be included in our terms of engagement with you.

All fees and costs shown above are exclusive of VAT. VAT will be added where applicable at the required rate (currently 20 per cent). 

Our services

The charges outlined above include work done by us in relation to the following key stages of a claim:

• taking your initial instructions, reviewing the papers and advising you on the merits of the claim and, where appropriate, the probable compensation payable (this is likely to be revisited throughout the matter and may be subject to change);
• entering into pre-claim conciliation to explore whether a settlement can be reached;
• preparing the response to the claim or liaising with Counsel in relation to the preparation of the response;
• reviewing and advising on the claim;
• exploring the possibility of settlement and negotiating settlement terms;
• considering a schedule of loss;
• preparing for and attending any preliminary hearing;
• exchanging documents with the claimant and agreeing a bundle of documents;
• taking witness statements, drafting statements and agreeing their content with witnesses;
• preparing a bundle of documents;
• reviewing and advising on the claimant's witness statements;
• agreeing a list of issues, a chronology and/or cast list; and
• preparation for, and attendance at, the final hearing, including instructions to Counsel.

These key stages are an indication of the work that is typically required in relation to defending a tribunal claim for unfair or wrongful dismissal. However, fewer or additional stages may be relevant depending on the exact nature of the claim, how it proceeds and the extent to which our advice is required in relation to each stage.

Timescales

The time that it takes from receiving your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved and how quickly the Employment Tribunal progresses the claim. If a settlement is reached during pre-claim conciliation, your case is likely to take one to three months. If your claim proceeds to a final hearing, your case is likely to take six to 18 months. This is only an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Our experience and qualifications

Our UK Employment team has extensive skill and experience in the successful defence of Employment Tribunal claims. The team consists of the members listed below. Please click on a name to see details of their qualifications and experience. Anyone who works on your matter will be supervised by partners Crowley Woodford or Ruth Buchanan.