Costs and service information for Employment Tribunal claims for unfair and wrongful dismissal

In accordance with the Solicitors Regulation Authority price transparency rules, we have published our price and service information for bringing and defending Employment Tribunal claims for unfair and wrongful dismissal.

Key stages of Employment Tribunal claims for unfair and wrongful dismissal

Although the Employment Tribunal seeks to conclude all cases within 26 weeks, it typically takes significantly longer, approximately 30 to 80 weeks, for a case to reach a final hearing.  A case can be settled at any time prior to the final hearing, however, and the ACAS Early Conciliation process is intended to assist parties to reach an early settlement before a claim is issued.  If the claim is resolved via ACAS Early Conciliation, this is likely to take between 1 and 6 weeks.

The key stages of Employment Tribunal claims for unfair and wrongful dismissal are as follows:

·         Taking your instructions, reviewing your documentation and advising you on the merits of your claim or defence.

·         Engaging in the ACAS Early Conciliation process.

·         Preparing and submitting the Claim Form or Response to the Employment Tribunal.

·         Reviewing the other party’s Claim Form or Response and advising you.

·         Advising you on settlement throughout the matter and entering into settlement negotiations where appropriate.

·         Preparing a Schedule of Loss or a Counter-Schedule of Loss and advising you.

·         Preparing for and attending a Preliminary Hearing.

·     Advising you on your disclosure obligations; reviewing your documents and preparing a list of documents; exchanging documents with the other party and reviewing their documents.

·         Preparing your witness statements; exchanging witness statements with the other party and reviewing their statements.

·         Preparing and agreeing a paginated bundle of documents for the final hearing.

·       Preparing for the final hearing, including instructing a barrister to represent you at the hearing; attending the final hearing where appropriate.

The above stages are covered within our usual fees.  If any of the stages are not required, our fees will be lower.  If additional work is required (such as making or responding to applications; amending the Claim Form or Response; making or responding to an appeal), our fees will be higher.

We will usually instruct a barrister to represent you at hearings, except for Case Management Preliminary Hearings which we will usually represent you at.

Clients may also bring or defend claims themselves and seek advice from us in relation to specific aspects for which a fee estimate will be provided.

We do not provide advise on tax or pensions, but can refer you to an appropriate adviser if required.

The basis of our charges

Our charges are usually calculated by reference to the time spent by our fee earners in respect of any work which they do on your behalf. 

Routine letters are charged at six minute units of time and we also charge for the time spent making and taking telephone calls and considering incoming letters at six minute units.

Our hourly rates are reviewed approximately every two years.  As at October 2023, our hourly rates are as set out in the table below.  We add VAT at the applicable rate to these fees.

Russell Abrahams (Solicitor admitted 1/10/1986)                              £450 plus VAT (presently 20%)

Joseph Herzog (Solicitor admitted 15/9/2011)                                     £350 plus VAT (presently 20%)

Other Solicitors and fee earners (dependent upon experience)        £300-450 plus VAT (presently 20%)

Trainee Solicitors and Paralegals                                                          £175 plus VAT (presently 20%)

Disbursements (that is out of pocket expenses that we pay to a third party, such as barrister’s fees and travel expenses) are payable in addition to these fees and may be subject to VAT (presently 20%).

 Cost of the service

As all cases are different we have provided a range of approximate costs based on the complexity of the claim. 

Most Employment Tribunal claims for unfair and wrongful dismissal are likely to be simple unless they have a complicating factor such as: allegations of discrimination or of automatic unfair dismissal; multiple claimants or respondents; unrepresented parties; the requirement for expert evidence on the issue of disability; jurisdictional and limitation issues; volume of documentation and number of witnesses.

Our range of approximate costs for Employment Tribunal claims for unfair and wrongful dismissal are set out below.  They are based on the claim proceeding to a final hearing although it should be noted that most claims settle beforehand:

·         Simple claim (1-2 day final hearing): £18,000 - £36,000 plus VAT (presently 20%)

·         Medium claim (3-4 day final hearing): £27,000 - £54,000 plus VAT (presently 20%)

·         Complex claim (5+ day final hearing): £40,000 - £80,000 plus VAT(presently 20%)

Barrister's fees are usually based on a brief fee (covering the cost of preparation and representation at the first day of the hearing) and a daily rate refresher fee (covering the cost of subsequent days’ representation at the hearing).  They are generally:

·         Simple claim: brief fee (£2,500 - £4,000 plus VAT (presently 20%)); refresher fee (£1,000 - £1,500 per day plus VAT (presently 20%))

·         Medium claim: brief fee (£4,000 - £8,000 plus VAT (presently 20%)); refresher fee (£1,500 - £2,500 per day plus VAT (presently 20%))

·        Complex claim: brief fee (£10,000 - £40,000 plus VAT (presently 20%)); refresher fee (£2,500 - £5,000 per day plus VAT (presently 20%))

For further information on any of the above please contact Abrahams Dresden on 020 7251 3663.