What will a constructive or unfair dismissal claim cost?
This will depnd on the complexity of the case, whether the defendant is likely to settle and your prospects of success. We will always give you our assessment of the chances of success at the outset and we will give you an estimate of our likely fees. With that in mind, this page comprises a brief guide to our hourly fees as well as some typical and projected costs of various actions at an employment tribunal.
If your case is both justified and successful, it’s common for employers to settle in advance of an employment tribunal hearing, and to pay some or all your legal fees as part of the settlement.
You may also find that your home contents insurance policy includes the option to claim for legal fees in the event of an employment dispute. If you believe your dismissal was unfair or constructive, it’s always worth talking to us before you make a decision about whether or not to seek compensation.
What’s the average cost of a dismissal claim?
The cost of a claim depends on several factors, most importantly being the stage at which it settles. The majority of cases settle before a tribunal claim has to be submitted and often well in advance of an employment tribunal hearing. In these cases, the employer will usually pay some or all of the legal fees as part of the terms of settlement.
- Simple cases start from £2,000 with average case costs of £3,000-£7,000
- Medium complexity cases start from £3,000 with average costs of £7,000-£15,000.
- High complexity case start from £7,000 with average costs of £15,000-£30,000.
All costs plus VAT at 20%.
Our hourly rates are £240 plus VAT.
Each case is unique and requires varying levels of support depending on your individual circumstances. We’ll advise you during your initial consultation and throughout your case on what level of support is required. These are the stages that may be included, but these will vary from case to case.
- Initial instructions, reviewing the papers, advising on the merits and likely compensation
- Entering into ACAS early conciliation to explore if a settlement can be reached
- Preparing a claim, reviewing and advising on response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing a schedule of loss
- Making requests and responding to requests for additional information and documents
- Preparing for and attending a preliminary hearing
- Preparing documents for disclosure and reviewing the opponent’s documents
- Exchanging documents with the other party, agreeing documents and preparing documents
- Taking witness statements, drafting statements, agreeing their content with witnesses and reviewing/advising on the other party’s witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing
- Advising throughout on strategy, strength of case and general management of the case
- Dealing with correspondence from the opponent or their representative throughout the proceedings
- Preparing documents and instructions for Counsel and conferences with Counsel
Can I do any of the work on my own unfair dismissal claim?
Yes, if you wish to handle the claim yourself and only ask our advice in relation to some areas.
What defines the complexity of an unfair dismissal case?
A case can become more complex for a number of reasons including:
- Issues of loss such as loss of long-term incentives, pension or career
- Where unusual orders are required, such as anonymity orders
- Cases where a separate remedy hearing is required i.e. to work out the level of financial award to be made
- Dismissal cases that are linked to allegations of discrimination
- Automatic unfair dismissal claims e.g. whistleblowing cases
- Making or defending a cost application
- Complex preliminary issues such as whether a claim has been brought in time, whether the individual is an employee, and whether the case is sufficiently strong or should be struck out
- Making or defending applications to amend claims or provide further information about existing claims
- A long history being associated with the claim
- Numerous witnesses being called by either side
- Extensive documentation being relevant to the claim
How long will my case take?
If a claim proceeds to a final hearing it could take 26-52 weeks, or sometimes longer depending on the particular Employment Tribunal and their caseload. We’re able to give a more accurate timescale on individual cases when we’ve more information.
Are there any other costs involved?
To ensure the smooth running of your case we handle any necessary payments to third parties such as experts on your behalf. These payments are called disbursements, and we’ll always keep you updated on them throughout your claim.
Barristers’ fees range between £800 to £1,500 per day for attending a tribunal hearing, in addition to a preparation fee for final hearing – also called a Brief Fee – which varies between £1,000 to £10,000 plus VAT at 20%.
These fees are in addition to those set out above but will only usually be incurred if the case proceeds to an actual hearing.