Employment Tribunals – costs information

At Kenneth Bush we can represent you in all types of Employment Tribunal cases whether you are an employee or ex-employee bringing a claim or an employer defending a claim.

We do not offer fixed fees for work involving Employment Tribunals as no two claims for unfair or wrongful dismissal are the same.

Our charges are based on an hourly rate of £220.00 per hour with standard letters/e mails and telephone calls (by “standard” we mean those that take 6 minutes or less) costing £22.00 plus VAT.

We will give you a more accurate costs estimate once we have seen you and been able to establish how complicated your case is and in certain circumstances we can agree with a Claimant to deal with their case on a conditional fee basis something we will discuss at any first meeting.

Factors that could make a case more complex and therefore impact upon costs include:

  • Defending claims that are brought by more than one employee or an employee acting in person.
  • The number of witnesses and documents.
  • Allegations of discrimination.

Disbursements

Disbursements including mileage (our standard mileage rate is 45p per mile) and other costs relating to your matter that are payable to third parties such as Court fees. We handle payment of the disbursements on your behalf to ensure a smooth process.

On occasions we may instruct Counsel to represent you at Court and, depending on the experience of that Counsel their costs are usually between £750.00 to £1,250.00 per day attending a Tribunal hearing (including preparation).

Key stages from taking instructions through to the final hearing

The work we will carry out for you will include the following:

  • Taking your initial instructions, reviewing the papers and advising on the merits and likely compensation (this is likely to be re-visited throughout the matter and subject to change).
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached.
  • Preparing a claim or the response (as the case may be).
  • Reviewing and advising on the claim or response (as the case may be).
  • Exploring a settlement and attempting to negotiate a settlement throughout the whole process.
  • Preparing or considering a Schedule of Loss (as the case may be).
  • Preparing for (and attending) any Preliminary Hearing.
  • Exchanging documents with the other party and agreeing a bundle of documents for use at trial.
  • Taking witness statements, drafting statements and agreeing their content with witnesses.
  • Preparing bundle of documents for final hearing.
  • Reviewing and advising on the other party’s witness statements.
  • Agreeing list of issues, chronology and witness order list.
  • Preparing and attendance at final hearing and (where relevant) instructing Counsel.

Based on experience if your case goes to a full hearing then, the likely costs are to be in the region of £8,000.00 to £12,000.00 plus VAT and any disbursements.

Not all of these stages will be required and, if so the costs involved are likely to be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages.  This can be arranged depending on your individual needs.

How long will my case take?

The time that it takes from taking your initial instructions to the final resolution of the matter largely depends at the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation then, it may only take a month.  If your case proceeds to a final hearing then, depending on the Tribunal’s caseload it could take between 6 to 9 months.  This is just 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.

Experience or qualifications of those who will carry out the work

In the main you are likely to be represented by Paul Croker who is a Partner at Kenneth Bush with a number of years experience in employment matters. Please click on his profile for more details of his experience.