At present we do not handle employment tribunal cases of any kind for either employers or employees. Accordingly, we do not handle either unfair dismissal, constructive dismissal, or wrongful dismissal cases, either on behalf of employers or employees. Should this change, then our costs for handling an unfair dismissal, constructive dismissal, or wrongful dismissal case would be as set out as follows:

Costs

Our total costs for bringing and defending the following type of claims would be:

Unfair / Constructive Dismissal

• Simple case: £5,000 – 10,000 (plus 20% VAT)
• Medium complexity case: £10,000 – 17,500 (plus 20% VAT)
• High complexity case: £17,500 – 25,000 (plus 20% VAT)

Wrongful Dismissal

• Simple case: £2,500 – 7,500 (plus 20% VAT)
• Medium complexity case: £7,500 – 10,000 (plus 20% VAT)
• High complexity case: £10,000 – 15,000 (plus 20% VAT)

We charge based on an hourly rate of £350 (+ VAT, charged at 20%)

We charge £1050 per day (+ VAT, charged at 20%) for attending a Tribunal Hearing.

The costs estimates set out above relate to the above mentioned types of claims only, and not to any other type of employment tribunal matter, such as discrimination cases, which can be more complex and may lead to higher costs. The costs set out above do not include disbursements which are addressed separately below.

You would not be required to pay our costs in full upfront. We would require an initial payment on account at the beginning of the case, and we would then bill you periodically thereafter as the case progresses. Please note that in employment tribunal cases, the rule is that each side bears their own costs. That is, they are not recoverable from the other party should you successfully bring or defend the claim, except in very limited circumstances.

Issues that may increase the complexity of a case include:

• Dealing with applications for amendments
• Dealing with costs applications
• Whether hearings need to be adjourned and re-scheduled
• The case incorporates a discrimination claim as well
• The other party is unrepresented
• The volume and complexity of the documentation involved
• The number of witnesses involved
• The case is for automatic unfair dismissal (e.g. whistleblowing)
• The complexity of the legal issues involved
• Complex preliminary issues need to be addressed (e.g. a limitation issue / determining whether the Claimant is disabled for the purposes of the Equality Act 2010)

We do not handle unfair dismissal, constructive dismissal, wrongful dismissal, or any kind of employment tribunal or other case on a Contingency Fee Agreement (i.e. ‘No Win No Fee’ Agreement) basis.

Employment Tribunal Claim: Key Stages

The fees outlined above encompass all work regarding the following key stages of a claim:

• Taking instructions, review of papers, assessment of and advice on merits and value.
• Merits and value to be re-assessed and updated throughout the case as it progresses.
• Exploring whether a negotiated settlement can be achieved throughout the case
• Advising upon mitigation of loss throughout the case
• Acas early conciliation process
• Drafting and lodging ET1 claim form  / ET3 response form with the employment tribunal
• Review / advice re other party’s ET1 claim form / ET3 response, including whether further particulars need to be lodged
• Drafting and lodging a schedule of loss / counter-schedule of loss. Reviewing and advising upon other party’s schedule of loss / counter-schedule of loss
• Exchanging documents. Reviewing and advising upon other party’s disclosure documentation
• Preliminary Hearings (preparation for and attendance of)
• Compiling / agreeing final hearing bundle
• Preparing / drafting witness statements. 
• Exchanging witness statements with other party
• Review / advice upon other party’s witness statements
• Compiling / agreeing list of issues / chronology / cast list
• Final hearing preparations, including instructing Counsel and arranging for client / witnesses to attend hearing

The key stages outlined above represent only a guideline. Where some of those stages are not required, we will adjust our costs downwards to reflect that.  You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged, depending upon your individual needs.

Funding

Before deciding to fund an employment tribunal case yourself, you should explore the following alternatives:-

• Whether you have legal expenses cover under an insurance policy
• Whether you are entitled to assistance from your trade union
• Advice and assistance from Acas 
• Advice and assistance from the Citizens Advice Bureau

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process, but would require you to put us into funds in order to do so.

Barrister’s fees are usually somewhere between £1,000.00 to £6,000.00 per day plus VAT of 20% for attending a Tribunal Hearing, depending upon the experience of the barrister. These costs include the barrister’s preparation.

Should you require a representative from our firm to attend the Tribunal Hearing as well as your barrister, then those costs would be in addition to the estimates given above.

How long will my matter take?

The duration from receiving your initial instructions to the completion of your case varies depending on the nature of the matter, the stage at which your case concludes, and when you engage our services. If a settlement is achieved in the early stages (e.g. such as during the Acas early conciliation process), your case could be resolved within 1-3 months. However, if your claim goes to a Final Hearing, the process may take around 9-18 months. Please note that these timelines are approximate, and we will provide a more precise timeframe as we gather more details and the case develops.

Who Will Handle My Case?

Your case would be handled by Richard Antrobus, who is a solicitor who qualified in 2000 after completing his BA (Hons) degree in PPE at Keele University, his MSc master’s degree in Marketing & Product Management at Cranfield University, his CPE and LPC at Staffordshire University, and his training contract at Bretherton Price Elgoods. He has almost 20 years of experience in handling employment law matters of all types, including unfair dismissal, constructive dismissal, and wrongful dismissal cases. He is a member of the Employment Lawyers Association. He is also the principal of the firm, having started it back in 2007.