Employment tribunal claims — unfair and wrongful dismissal
What makes a case more complex: whether preliminary hearings are needed; whether the claim is amended or new allegations are made; the number of witnesses and volume of documents; whether the respondent is unrepresented; allegations of discrimination alongside the dismissal claim; and whether there is an appeal.
Counsel’s fees for a hearing
£[X] – £[X] per day, depending on seniority
Expert evidence, where required
There is currently no fee to bring a claim in the employment tribunal.
What is included
Taking initial instructions, reviewing documents and advising on merits and likely compensation (which may be revisited as the case develops); entering into pre-claim conciliation with Acas; preparing the claim or response; reviewing and advising on the other side’s documents; exploring settlement throughout; preparing and agreeing the list of issues, schedule of loss and bundle; preparing witness statements; reviewing and advising on the other side’s statements; agreeing the bundle; preparation for the final hearing including instructions to counsel; and attendance at the final hearing.
What is not included
Advice on the tax treatment of any settlement; appeals to the Employment Appeal Tribunal; enforcement of an award that is not paid; and applications for costs.
Initial advice on merits and options
1–2 weeks from instruction
Issuing the claim, and the response
Case management and preliminary hearings
Disclosure and witness statements
Commonly 9–18 months from issue
A matter that settles at conciliation may conclude in 6–12 weeks. A matter that runs to a contested hearing commonly takes 9–18 months, and longer where the tribunal’s listing is congested. We will give you an estimate for your own matter at the outset and revise it if the position changes.