Employment tribunal fees –
business and individual

Our highly experienced team of employment solicitors are capable of dealing with every type and complexity of employment tribunal claim.

Employment Tribunal Fees – Business

Jump to employment fees for individuals

Employment Tribunal Fee Guidance for Employers (Respondents)

Our highly experienced team of over 30 qualified employment solicitors are capable of dealing with every type and complexity of employment tribunal claim. The biographies of all of our employment lawyers are available on our website.

Our current trainees and paralegals in the team are also likely to be involved in some aspects of your case under supervision.

Jeanette Wheeler is a Partner and Head of the Birketts Employment Team and local office team supervision is managed as follows:

Cambridge – Abigail Trencher
Chelmsford – Clare Barlow
Ipswich – Catherine Johnson
London – Sarah Bull
Norwich – Matthew Newnham
Sevenoaks – Charlotte Sloan

The cost of defending an employment tribunal claim will depend on a significant range of factors, many of which cannot be anticipated at the outset of the matter, including: the number and complexity of the legal and factual issues; the amount of documentary evidence involved; the number of witnesses involved and the length of any hearing; whether the claim settles early or late in the process; the way the case is conducted by the individual claimant (your employee/former employee bringing the claim(s)); whether there are preliminary issues which need to be resolved by the employment tribunal before a case can go to a full merits hearing (for example ‘out of time’ points, employment status issues etc), as well as other factors which cannot be easily anticipated. Some cases may also be listed for a separate remedies hearing and costs hearing.

The total cost will also depend on the seniority of those dealing with the matter and the level of barrister fees (often referred to as “Counsel’s fees”) and other disbursements incurred. Our costs are charged according to the hourly rate(s) applicable to the fee earner(s) carrying out the work. The hourly rates of the employment team range from £160 plus VAT* to £380 plus VAT* per hour. We will advise you of the relevant lawyers acting and the fee rates applicable to your matter at the outset. Counsel’s fees will depend on the identity and seniority and availability of the Counsel we are able to instruct.

Cases which include discrimination allegations, maternity or pregnancy related claims, holiday pay claims, TUPE, whistleblowing and other more complex claims in addition to ordinary unfair dismissal or wrongful dismissal (this is a breach of contract claim relating to the non-payment of notice monies) will fall to be estimated individually and are outside the scope of this fee guidance.

As an employer you may have had some notice that an employee/former employee is considering bringing a claim because he or she is obliged to contact Acas first to allow it to explore the possibility of early conciliation. We can assist you at this early stage should you wish us to. Where matters have not been resolved at this stage then the employee/former employee will be issued with a certificate (certificate number) by Acas which they will have to include on any Employment Tribunal Claim Form (sometimes referred to as an ET1).

Once you have received a copy of the Claim Form from the Employment Tribunal you will have 28 days to file your defence on a Response Form (referred to as an ET3). This is the start of the employment tribunal litigation process.

Estimated costs for defending unfair dismissal and wrongful dismissal claims

Our costs for acting for an employer in defence of a straightforward claim for unfair dismissal and/or wrongful dismissal at a one day employment tribunal hearing with no more than two witnesses are likely to be in the range of £15,000 plus VAT* to £20,000 plus VAT*, plus any agreed disbursements and the barrister’s fees for undertaking the advocacy at the hearing on the day. The barrister’s fees are likely to be between £4,000 plus VAT* and £7,000 plus VAT* per day (depending on the seniority of barrister, complexity of the case and volume of documentation) plus the barrister’s own disbursements (eg. accommodation and travel expenses).

Please note that unlike general Court litigation the legal fees and costs incurred in bringing and defending Employment Tribunal claims fall to each party to bear and costs are not generally awarded by the Tribunal or paid by the losing party. Only in rare situations can costs be successfully claimed from the other side and we can advise on the limited circumstances in which this can be considered. 

The fee range quoted above will include:

  • Reviewing and checking the information on the Claim Form (ET1) to include checking time limits and compliance and understanding and if necessary researching the legal issues arising.
  • Taking detailed information from you about what happened and what your response is to the allegations, obtaining all of the related e-mails, letters, texts and other documentary evidence which is held by you and those in your business and which relates to the matter and issues in dispute and reviewing these to assess the impact of the evidence contained therein on the merits and deciding what will become disclosable later in proceedings.
  • Drafting and submitting the Response Form (ET3).
  • Advising on the merits (strengths and weaknesses) of the claim(s) and considering any schedule of loss provided by the Claimant.
  • Speaking to Acas and liaising and negotiating throughout to ascertain if an agreement can be reached without the need for a hearing and drafting and concluding any settlement terms via a COT 3 if settlement is reached.
  • Preparing a list of disclosure documents in accordance with the Employment Tribunal’s directions (usually issued once the Response Form has been accepted).
  • Preparing a list of issues/completing an agenda and attempting to agree this with the other side.
  • Preparing a bundle of documents for use at the hearing and agreeing this with the other side and preparing sufficient copies for use at the hearing (usually at least four copies).
  • Preparing and drafting and exchanging witness statements (up to two witnesses) with the other side. Considering the other side’s witnesses’ statements, taking your instructions on the contents and drafting short supplementary statements (if required) to cover issues arising from the claimant’s witness statement.
  • Instructing a barrister and providing them with copies of the bundle and witness statements and other necessary documentation to enable them to conduct the hearing.
  • Attendance (normally by a trainee) at the merits hearing of the claim and advising you on the outcome.
  • General administration and conduct of the case throughout for example assessing and advising and updating on merits as the case progresses, responding to correspondence from the other side and the tribunals etc.

The above are an indication of what’s required and if some of the stages above are not required, the costs will be at the lower end of the fee range quoted above. We will always provide you with an individual cost estimate at the outset of dealing with a claim, once we know further details of what the claim involves. Please note, we do not offer clients a free initial meeting to discuss the claim.

The fee range quoted above will not include:

  • Requests of the Claimant for ‘Further and Better Particulars’ of the claim and ‘Interrogatories’ to better understand the case being brought by the Claimant and to reduce the issues in dispute where possible.
  • Dealing with an application for and attending any hearing for interim relief made by an individual claiming an automatically unfair dismissal (eg for reasons relating to trade union membership or activities, health and safety, whistleblowing and other ‘automatically unfair’ reasons).
  • Applying for a preliminary hearing and preparation for such hearing (including bundle and witness statement preparation) and attendance at such hearing.
  • Applications to the employment tribunal for compliance with directions, compulsory witness orders.
  • Applications to amend the defence in light of further information.
  • Making or defending a costs application or application for early strike out of a claim or application for a deposit order.
  • Dealing with complex preliminary issues such as whether the claim is in time or establishing the claimant’s employment status.
  • Preparing for a longer hearing with more witnesses and witness statements required.
  • Preparing long, detailed or multiple supplementary witness statements.
  • Defending a more complex automatic unfair dismissal claim e.g. if the claimant alleges he or she was dismissed after blowing the whistle on the employer.
  • Dealing with allegations of discrimination or other claims in addition to the unfair dismissal.
  • Any judicial or other formal mediation.
  • Giving any tax or pensions advice.
  • Preparation and attendance at preliminary hearings.
  • Judicial mediations, judicial assessments and dispute resolution appointments.
  • Preparation and attendance at a remedies or costs hearing.
  • Advising and representing in relation to any appeal.
  • We will keep you up to date with the costs incurred and inform you of any material change to the estimate as your matter progresses.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, for example:

  • Court fees (although at present there are no fees payable to the Employment Tribunals to defend a claim or attend the Tribunal hearing).
  • Barristers’ fees and costs (including travel and hotel accommodation);
  • Courier costs and the costs of your solicitor’s travel and accommodation needs in taking instructions, witness statements and/or attending hearings.
  • We don’t generally charge for printing costs unless the document bundle is extremely large.
  • Other costs and expenses agreed in advance with you.

Where disbursements are payable we will ask you to put us in funds before we make the payment on your behalf.

Please note that we usually bill all cases monthly in arrears as matters progress. We do not wait until the outcome of a case. This helps keep close track of costs for all concerned. 

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved, how busy the regional tribunal centre is and how quickly it can resolve any preliminary issues and list your claim for a full hearing. If the claim proceeds to a final hearing it is likely, based on current listing times, that your case will be listed to be heard around 12 to 18 months from the date the claim was lodged. This is just an estimate and we will of course be able to update you on timescales once we have more information and as the matter progresses. It is likely to be significantly longer than this for cases requiring two or more days at the final hearing and/or any additional hearings. Increasingly the Employment Tribunals encourage early settlement and may direct that the parties submit to a Judicial Mediation, Judicial assessment or the newer process of dispute resolution appointments where a Judge will give a rough and ready assessment of the likely outcome of the case before it is fully heard.

As above the full determination of a case can be up to 18 months or even two years or longer based on the current Employment Tribunal’s workload. However your defence must be submitted quickly – within 28 days of receiving the notice of claim – so we need to be instructed and take instructions from you quickly. We also need to act fairly promptly after submitting the defence/response to work with you to take witness statements and ensure we have received ALL relevant documentation (including emails and text and WhatsApp messages) held on employer systems and property. This preparation should ideally take place in the first six months of Birketts being instructed in order to ensure that documentation is safely secured and witness memories do not fade.  This early preparation also enables us to properly advise you on merits and likely outcomes and discuss tactics and next steps and whether conciliation, mediation or other options should be considered.

 * VAT is currently charged at 20%

Employment Tribunal Fees – Individuals

Employment Tribunal Fee Guidance for Employees (Claimants)

Our highly experienced team of over 30 qualified employment solicitors are capable of dealing with every type and complexity of employment tribunal claim. The biographies of all of our employment lawyers are available on our website.

Our current trainees and paralegals in the team are also likely to be involved in some aspects of your case under supervision.

Jeanette Wheeler is a Partner and Head of the Birketts Employment Team and local office team supervision is managed by the following individuals as follows:

Cambridge – Abigail Trencher
Chelmsford – Clare Barlow
Ipswich – Catherine Johnson
London – Sarah Bull
Norwich – Matthew Newnham
Sevenoaks – Charlotte Sloan

The cost of bringing an employment tribunal claim will depend on a significant range of factors, many of which cannot be anticipated at the outset of the matter, including: the number and complexity of the legal and factual issues; the amount of documentary evidence involved; the number of witnesses involved and the length of any hearing; whether the claim settles early or late in the process; the way the case is conducted by you and defended by your former employer; whether there are preliminary issues which need to be resolved by the employment tribunal before a case can go to a full merits hearing (for example ‘out of time’ points, employment status issues etc), as well as other factors which cannot be easily anticipated. Some cases may also be listed for a separate remedies hearing and costs hearing.

The total cost will also depend on the seniority of those dealing with the matter and the level of barrister fees (often referred to as “Counsel’s fees”) and other disbursements incurred. Our costs are charged according to the hourly rate(s) applicable to the fee earner(s) carrying out the work. The hourly rates of the employment team range from £160 plus VAT* to £380 plus VAT* per hour. We will advise you of the relevant lawyers acting and the fee rates applicable to your matter at the outset. Counsel’s fees will depend on the identity and seniority and availability of the Counsel we are able to instruct.

Cases which include discrimination allegations, maternity or pregnancy related claims, holiday pay claims, TUPE, whistleblowing and other more complex claims in addition to ordinary unfair dismissal or wrongful dismissal (this is a breach of contract claim relating to the non-payment of notice monies) will fall to be estimated individually and are outside the scope of this fee guidance.

Acas

Before bringing a claim you are obliged to contact Acas first to allow it to explore the possibility of early conciliation. There are strict time limits for contacting Acas and submitting your claim to a Tribunal – these time limits are often short (three months less a day from dismissal in an unfair dismissal claim). You must not miss these time limits even if you are still going through an internal appeals process, grievance or other employer process. We can assist you at this early stage should you wish us to. Where matters have not been resolved by Acas then you will be issued with a certificate (certificate number) by Acas which you will have to include on any Employment Tribunal Claim Form (sometimes referred to as an ET1).

Once your employer has received a copy of the Claim Form from the Employment Tribunal it will have 28 days to file its defence on a Response Form (referred to as an ET3). This then escalates the employment tribunal litigation process.

Estimated costs for defending unfair dismissal and wrongful dismissal claims

Our costs for acting for an individual bringing a straightforward claim for unfair dismissal and/or wrongful dismissal at a one day employment tribunal hearing with no more than two witnesses are likely to be in the range of £10,000 plus VAT* to £15,000 plus VAT*, plus any agreed disbursements and the barrister’s fees for undertaking the advocacy at the hearing on the day. The barrister’s fees are likely to be between £4,000 plus VAT* and £7,000 plus VAT* per day (depending on the seniority of barrister, complexity of the case and volume of documentation) plus the barrister’s own disbursements (eg. accommodation and travel expenses).

Please note that unlike general Court litigation the legal fees and costs incurred in bringing and defending Employment Tribunal claims fall to each party to bear and costs are not generally awarded by the Tribunal or paid by the losing party. Only in rare situations can costs be successfully claimed from the other side and we can advise on the limited circumstances in which this can be considered or may be a risk to you (for example where you bring a claim vexatiously or conduct it unreasonably). 

Insurance cover

Please also note that many individuals may find that they have legal expenses insurance cover (perhaps as an add on to another insurance policy for example buildings and contents cover). It is your responsibility to check if you are insured and on what terms. You are free to choose your own solicitor to act for you even if your insurer suggests a solicitor from one of its panel firms however you should be aware that any insurer will likely set limits on what it will pay out for legal costs (including an excess and fees cap and a cap on the hourly rates it will cover). We reserve the right not to act for any person where we are unhappy with the terms imposed by any insurer and we also reserve the right to recover costs incurred which your insurer will not cover or pay.  Insurers will also require there to be a reasonable prospect of your succeeding in a claim and may also encourage you to settle depending on the value of your claim versus the costs of bringing it. Please ensure you understand the terms of your insurance cover.

The fee range for bringing an unfair dismissal claim quoted above will include:

  • Taking detailed information from you about what happened and determining what your claims are, checking time limits and compliance and understanding and if necessary researching the legal issues arising.
  •  Obtaining all of the related e-mails, letters, texts and other documentary evidence which is held by you which relates to the matter and issues in dispute and reviewing these to assess the impact of the evidence contained therein on the merits and deciding what will become disclosable later in proceedings.
  • Drafting and submitting the Claim Form (ET1).
  • Advising on the merits (strengths and weaknesses) of the claim(s) and helping you to create a schedule of losses which will need to be provided to the Respondent (and your insurer if you are insured). [Please note you are under a continuing obligation to mitigate your losses by seeking and obtaining alternative employment/sources of income and you will be required to demonstrate to a Tribunal that you have been seeking work where you are able to do so. Please keep evidence of this.]
  • Speaking to Acas and liaising and negotiating throughout to ascertain if an agreement can be reached without the need for a hearing and concluding any settlement terms via a COT 3 if settlement is reached.
  • Preparing a list of disclosure documents in accordance with the Employment Tribunal’s directions (usually issued once the Response Form has been accepted).
  • Contributing to the preparation of a list of issues/completing an agenda and attempting to agree this with the other side.
  • Preparing a bundle of documents for use at the hearing and agreeing this with the other side and preparing sufficient copies for use at the hearing (usually at least four copies). Note that often the Respondent, if they are represented, will do this but we will need to liaise to confirm what documents we want included in an bundle on your behalf.
  • Preparing and drafting and exchanging witness statements (up to two witnesses) with the other side. Considering the other side’s witnesses statements, taking your instructions on the contents and drafting short supplementary statement(s) (if required) to cover issues arising from the Respondent’s witness statements.
  • Instructing a barrister and providing them with copies of the bundle and witness statements and other necessary documentation to enable them to conduct the hearing with you.
  • Attendance (normally by a trainee) at the merits hearing of the claim and advising you on the outcome.
  • General administration and conduct of the case throughout for example assessing and advising and updating on merits as the case progresses, responding to correspondence from the other side, (any insurance company) and the tribunals etc.

The above are an indication of what’s required and if some of the stages above are not required, the costs will be at the lower end of the fee range quoted above. We will always provide you with an individual cost estimate at the outset of dealing with a claim and once we know further details of what the claim involves. Please note, we do not offer clients a free initial meeting to discuss the claim.

The fee range quoted above will not include:

  • Responding to Requests of the Respondent for ‘Further and Better Particulars’ of the claim and ‘Interrogatories’ to better understand the case being brought by you or indeed the drafting and submission of the same by us to the Respondent on your behalf.
  • Dealing with an application for and attending any hearing for interim relief made by you where you are claiming an automatically unfair dismissal (eg for reasons relating to trade union membership or activities, health and safety, whistleblowing and other ‘automatically unfair’ reasons).
  • Applying for a preliminary hearing and preparation for such hearing (including bundle and witness statement preparation) and attendance at such hearing.
  • Applications to the employment tribunal for compliance with directions, compulsory witness orders.
  • Applications to amend your claim in light of further information.
  • Making or defending a costs application or application for early strike out of a defence or application for a deposit order.
  • Dealing with complex preliminary issues such as defending allegations that the claim is or parts of it are out of time or establishing your employment status.
  • Preparing for a longer hearing with more witnesses and witness statements required.
  • Preparing long detailed or multiple supplementary witness statements.
  • Defending a more complex automatic unfair dismissal claim e.g. if you allege that you were  dismissed after blowing the whistle on the employer.
  • Dealing with allegations of discrimination or other claims in addition to the unfair dismissal.
  • Any judicial or other formal mediation.
  • Giving any tax or pensions advice.
  • Preparation and attendance at preliminary hearings.
  • Judicial mediations, judicial assessments and dispute resolution appointments.
  • Preparation and attendance at a remedies or costs hearing.
  • Advising and representing in relation to any appeal.
  • We will keep you up to date with the costs incurred and inform you of any material change to the estimate as your matter progresses.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, for example:

  • Court fees (although at present there are no fees payable to the Employment Tribunals to defend a claim or attend the Tribunal hearing).
  • Barristers’ fees and costs (including travel and hotel accommodation);
  • Courier costs and the costs of your solicitor’s travel and accommodation needs in taking instructions, witness statements and/or attending hearings.
  • We don’t generally charge for printing costs unless the document bundle is extremely large.
  • Other costs and expenses agreed in advance with you.

Where disbursements are payable we will ask you to put us in funds before we make the payment on your behalf.

Please note that we usually bill all cases monthly in arrears as matters progress. We do not wait until the outcome of a case. This helps keep close track of costs for all concerned. 

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved, how busy the regional tribunal centre is and how quickly it can resolve any preliminary issues and list your claim for a full hearing. If the claim proceeds to a final hearing it is likely, based on current listing times, that your case will be listed to be heard around 12 to 18 months from the date the claim was lodged (possibly even up to two years based on the current Employment Tribunal’s backlog of cases). This is just an estimate and we will of course be able to update you on timescales once we have more information and as the matter progresses. It is likely to be significantly longer than this for cases requiring two or more days at the final hearing and/or any additional hearings. Increasingly the Employment Tribunals encourage early settlement and may direct that the parties submit to a Judicial Mediation, Judicial assessment or the newer process of dispute resolution appointments where a Judge will give a rough and ready assessment of the likely outcome of the case before it is fully heard.

As above the full determination of a case can be up to 18 months or even two years or longer based on the current Employment Tribunal’s workload. However your claim must be submitted quickly – often within three months of an incident/dismissal – so we need to be instructed and take instructions from you quickly. We also need to act fairly promptly after submitting the claim to work with you to take witness statements and ensure we have received ALL relevant documentation (including emails and text and WhatsApp messages. We will also want to get hold of all relevant paperwork from the other side and we may wish to make a data subject access request to obtain this documentation prior to any disclosure being ordered. This preparation should ideally take place in the first six months of Birketts being instructed in order to ensure that documentation is safely secured and witness memories do not fade.  This early preparation also enables us to properly advise you on merits and likely outcomes and discuss tactics and next steps and whether conciliation, mediation or other options should be considered.

 * VAT is currently charged at 20%

The firm is staffed with intelligent people with a desire to understand their client’s business.

Chambers [UK 2023]

Contact Us
Contact Us
For general enquiries please call +44 (0)808 169 4320 or send a message from our Contact us page.