This web page should be read in conjunction with the web pages Employment Tribunal Claims and Employment Tribunal Proceedings

How much does an employment tribunal cost?

Simple cases: £10,000 – £15,000 (excluding VAT).

Medium complex cases: £15,000 – £25,000 (excluding VAT).

High complex cases: £25,000 – £45,000 (excluding VAT).

Factors that could make a case more complex:

• if it is necessary to make applications to amend claims or to provide further information about an existing claim
• complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• the number of witnesses
• the number of documents
• if it is an automatic unfair dismissal claim
• allegations of discrimination which are linked to the dismissal
• making or defending a deposit order or strike out application
• making or defending a costs application.

Disbursements

Disbursements are costs payable to third parties. 

It may be appropriate to instruct a barrister to attend an employment tribunal hearing, which is also a disbursement. The barrister’s fees will depend on the experience of the advocate, the length of the hearing and the level of preparation required.

Key stages

The estimated fees set out above would cover work in relation to the following key stages of a claim:

• taking your initial instructions, reviewing the papers and advising you on merits (this is likely to be revisited throughout the matter and subject to change)
• entering into Acas early conciliation to explore whether a settlement can be reached to avoid having to bring a tribunal claim
• preparing the claim
• reviewing and advising on the response from the other party
• exploring settlement and negotiating settlement throughout the process
• preparing for (and attending) a preliminary hearing, if ordered by a tribunal
• dealing with a tribunal’s directions: (a) preparing a schedule of loss (b) exchanging documents with the other party (c) agreeing a bundle of documents with the other party (d) preparing witness statements and agreeing their content
• reviewing and advising on the other party’s witness statements
• agreeing a list of issues, a chronology of events and/or cast list
• preparation and attendance at final hearing, including instructions to a barrister (if appropriate).

The stages set out above are an indication and if some of stages above are not required, the costs will be less. 

How long will the claim take?

The time that it takes from taking initial instructions to the final resolution of the claim depends largely on the stage at which this is resolved. 

If a settlement is reached during Acas early conciliation, the claim is likely to take 2-6 weeks. If the claim proceeds to a final hearing and is listed for a 1-day final hearing, it is likely to take 6-9 months*. This is just an estimate and will depend on the type of claim and how matters progress. (*due to the backlog with employment tribunal listing cases this could be up to 18 months)

The material contained in this web page is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.