A Guide to Employment Tribunal Costs for Unfair or Wrongful Dismissal

We do get asked lots of questions about employment tribunals but the most frequently asked is an estimate of the costs. Our guide to employment tribunal costs for unfair or wrongful dismissal is detailed below…

Wrongful Dismissal

Wrongful dismissal is a dismissal in breach of contract. This happens if the employer terminates an employment contract contrary to the terms contained within it, for example, by failing to give the correct notice period.

Unfair Dismissal

Unfair dismissal is a statutory right available to employees who believe they have been dismissed unfairly or unreasonably by their employer.

Who qualifies for the right?

Generally only employees who have worked for a certain period (called the ‘qualifying period’) have a right to bring a claim for unfair dismissal.

The qualifying period is two years.

These are some exceptions for those who are dismissed automatically and those who are dismissed principally for a reason related to political opinion or affiliation.

How much does it cost to bring a claim?

This will largely depend on the nature and level of complexity associated with your case.

We would recommend having an initial consultation with us to discuss your claim. This will allow us to give you an initial view on prospects of success and to give you a better understanding of your options and next steps.

Initial consultations start from £250 plus VAT.

Fees can typically be broken down into the following levels:

Straightforward case :                    £4000 – £7000
Medium complexity case:             £6000  – £12,000
High complexity case:                     £11,000 – £22,000

Factors that could make a case more complex include:

• The number of documents or witnesses associated with the claim;
• Allegations of discrimination which are linked to the dismissal;
• if it is necessary to make or defend applications to amend claims or to provide additional information about an existing claim;
• making or defending a costs application;
• Defending claims pursued by a litigant in person;
• complex preliminary issues such as whether the client is disabled (if this is not agreed by the parties), whether a claim has been submitted in time and strike out applications where a claim is considered to have little if no prospects of success;
• if it is an automatic unfair dismissal claim, e.g. if you are dismissed after blowing the whistle on your employer;

Prices stated above exclude VAT and disbursements.

Disbursements typically include the cost of counsel (a barrister) to attend the final hearing at the Employment Tribunal.

Counsel’s fees vary in light of their experience, but typical costs are approximately £1,000 plus VAT per day.

Businesses that subscribe to the ‘Timms Employment Law Hub’ will benefit from fixed fee Tribunal litigation which offers a saving on fees. For more information, contact us on freephone 0800 011 6666.

How long will it take to deal with my Claim?

On average it takes between 10-12 months from issuing a claim to the Tribunal Hearing. However, the timing is wholly dependant on the directions set by the Tribunal and its capacity to list a hearing at any one time.

Cases can be listed for 1 – 5 days (or more) depending on the number of witnesses and the complexity of the claim.

For further information or for an informal chat, please contact us on freephone 0800 011 6666.