Employment Tribunals

The Jonathan Lea Network Employment Tribunal Claims (Costs Information & Timescales)

Each case is different. The costs and fees depend on the complexity of the case.

The complexity of a case will be based on a number of factors, including the value, the factual circumstances and the evidence.

Please note, the figures below are not intended to be an estimate or a quote. The information below instead sets out the likely fees we charge for each stage of the tribunal process. The price you pay for representation in each case will be discussed individually and full information and details will be set out often in an estimate and then in a client engagement letter which will give our full terms of business.  It will be revised when and if necessary, as the case progresses, and may increase if there are unforeseen complexities.

No Win No Fee

We do not run cases on this basis.

Legal Expense Insurance

It is important to check whether you have any household or other policies that might have legal expense insurance cover available to you.

Typical estimates are reflective of our hourly rates. Our hourly rates are shown below:

• Paralegal – £175 plus 20% VAT (£210 inclusive of VAT)
• Trainee Solicitor – £195 plus 20% VAT (£234 inclusive of VAT)
• Assistant Solicitor – £255 plus 20% VAT (£306 inclusive of VAT)
• Senior Solicitor – £370 plus 20% VAT (£444 inclusive of VAT)

On occasion, we offer fixed fees, in particular one-hour fixed fee appointments which range from £250 – £300 plus 20% VAT (£300 – £360 inclusive of VAT) (depending on the seniority of the fee earner and complexity of the issues). Our rates may be increased each year. If we are instructed to attend a Tribunal Hearing then there will be additional charges for our attendance at the Tribunal that would be calculated with reference to our hourly rate.

Key stages with costs

The fees set out below cover all of the work in relation to the following key stages of an employment claim (whether an unfair dismissal claim, wrongful dismissal claim or discrimination claim):

• Taking your initial instructions, reviewing the papers and advising you on the merits of the case and likely compensation: £1,400 – £1,700 plus 20% VAT (£1,680 – £2,040 inclusive of VAT);
• Preparing the claim form and Grounds of Claim, setting out your case and the nature of the dispute or preparing the response form if a claim has been made against you (ET3 form for employers and ET1 for employees): £1,400 – £1,700 plus 20% VAT (£1,680 – £2,040 inclusive of VAT);
• Preparing or considering a Schedule of Loss: £750 – £1,500 plus 20% VAT (£900 – £1,800 inclusive of VAT);
• Preparing for (and attending) a Preliminary Hearing (including instructing counsel where necessary): £1,400 – £1,700 plus 20% VAT (£1,680 – £2,040 inclusive of VAT);
• Exchanging a List of Documents and copies with the other party and agreeing a bundle of documents: £2,500 – £5,000 plus 20% VAT (£3,000 – £6,000 inclusive of VAT);
• Taking witness statements, drafting statements and agreeing their content with witnesses: £2,500 – £5,000 estimated cost per statement plus 20% VAT (£3,000 – £6,000 inclusive of VAT);
• Preparing the bundle of documents for the Final Hearing: £1,000 – £2,000 plus 20% VAT (£1,200 – £2,400 inclusive of VAT); and
• Preparation and attendance at the Final Hearing, including preparing instructions to the barrister: £2,000 – £4,000 plus 20% VAT (£2,400 – £4,800 inclusive of VAT).

Total estimated costs (up to the full hearing, assuming only one witness): £12,950 – £22,600 plus VAT (£15,540 – £27,120 inclusive of VAT).

VAT is chargeable on the above fees at 20%.

NB: This is a breakdown for a case that goes to a final hearing. The majority of cases settle at an earlier stage. As such, the aspects of each matter vary widely, making it impossible to provide a likely overall fee estimate. However, once we know more about the issues and what will be involved, we ensure clients receive relevant fee estimates for these components.

Factors that could make a case more complex include:

• Amending claims and/ or providing further information in an existing claim;
• Adding a new claim or new parties;
• Factual disputes;
• Making or defending applications during the proceedings;
• Complex preliminary issues – e.g. the employment status of the individual bringing     proceedings or questions of jurisdiction;
• Making or defending a costs application;
• The evidence that needs to be gathered;
• The number of witnesses;
• The evidence available and the number of documents; and
• Problems linked to disclosure of documents.

What is not included in the costs?

Additional charges that are likely to be incurred:

• Counsel’s fees for advice and/or hearings (depending on seniority): £2,000 – £10,000 plus 20% VAT (£2,400 – £12,000 inclusive of VAT)
• Fees for expert witnesses: £3,000 – £8,000 plus 20% VAT (£3,600 – £9,600 inclusive of VAT) (per report)
• Photocopying charges: £0 – £1,000 plus 20% VAT (£1,200 inclusive of VAT)

Disbursements:

Disbursements are costs related to your matter that are payable to third parties, such as court fees, barrister’s or expert’s fees and courier charges. You will need to pay these in advance.

Barrister’s fees vary considerably.  If a barrister has to attend court or tribunal on your behalf then there are fees for that. For a simple unfair dismissal claim, you should expect to pay at least £1,000 plus VAT (£1,200 inclusive of VAT) per day (for a relatively junior barrister) for providing representation at a Tribunal Hearing.

The more complex the case the more senior the barrister then the higher the fees. For hearings of more than one day, a barrister will charge a brief fee and an additional ‘refresher’ fee for each day that they have to attend the hearing. They usually charge travel costs too.

If a barrister has to provide written or verbal advice this will attract fees too.

*VAT is charged at a rate of 20%

1. Estimated Timescales of an Employment Tribunal Claim

1. Initial Consultation & Case Assessment

• Reviewing the case and advising on potential claims and prospects of success.
• Timescale: 1-2 weeks.

2. Pre-claim Conciliation (via ACAS)

• Mandatory step before filing a claim to attempt resolution.
• Timescale: Up to 6 weeks.

3. Submitting the Claim (ET1 Form)

• Drafting and lodging the claim with the employment tribunal.
• Timescale: 1-2 weeks.

4. Employer’s Response (ET3 Form)

• Respondent submits a defense to the tribunal.
• Timescale: Typically within 28 days.

5. Preliminary Hearings (if required)

• To address case management issues, such as determining jurisdiction or procedural matters.
• Timescale: 1-3 months after response submission.

6. Disclosure & Evidence Gathering

• Exchange of relevant documents and witness statements.
• Timescale: 3-6 months.

7. Settlement Discussions (if applicable)

• Negotiating a settlement via mediation or negotiation at any stage.
• Timescale: Ongoing.

8. Final Hearing

• Full tribunal hearing where evidence is presented.
• Timescale: 6-18 months from claim submission, depending on complexity and tribunal availability, as well as settlement negotiations.

9. Judgment & Remedies

• Decision issued by the tribunal and enforcement, if applicable.
• Timescale: 1-3 months post-hearing.

How Long Will My Case Take?

The timescale of your case depends on the stage at which it settles or is resolved at a hearing. Cases can take as little as a few days or weeks if they resolve quickly, but if your claim proceeds to a Final Hearing, it typically takes around 12 months. However, more complex cases may take up to 18 months to resolve. Discrimination and whistleblowing cases tend to be more complex.

Disclaimer notice: These fees are guidelines only and reflect what we commonly charge. The Jonathan Lea Network reserves the right to change any fee. The fee is subject to change depending on the complexity of the matter. We can confirm in writing a definitive fee quote (or estimate) following a short complimentary introductory call.