The costs of defending unfair dismissal.
When representing employers defending a case of unfair dismissal, we're committed to making the process as uncomplicated as possible.
An unfair dismissal claim can be daunting.
We uncomplicate the legal process.
We've outlined the key stages and costings for legal advice and support for defending unfair or wrongful dismissal. Cases varying in complexity and our specialist team are experienced in all types of cases across various sectors.
This page aims to give a general indication of costs for defending claim of unfair or wrongful dismissal that have been taken to Tribunal. Our aim is to be as transparent as possible and uncomplicate the legal process for.
Simple case: £3,000 – £6,000 (plus 20% VAT)
Medium complexity case: £6,000 – £12,000 (plus 20% VAT)
High complexity case: £12,000 – £20,000+ (plus 20% VAT)
Factors that could make a case more complex:
if it is necessary to make or defend applications to amend claims or to provide information about an existing claim;
defending claims that are brought by litigants in person;
making or defending a costs application;
complex preliminary issues such as whether the employee is disabled (if this is not agreed by the parties);
the number of witnesses and documents;
if it is an automatic unfair dismissal claim, eg if the employee was are dismissed after blowing the whistle ;
allegations of discrimination which are linked to the dismissal.
There will generally be an additional charge for attending a Tribunal hearing of £1,500 per day (plus 20% VAT). Generally, we would allow 1-5 days, depending on the complexity of your case.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees estimated between £850 – £1,500 + 20% VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
Other Costs
Key stages
The fees set out above cover all of the work in relation to the key stages of a claim:
taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited 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 response;
reviewing and advising on claim;
exploring settlement and negotiating settlement throughout the process;
considering a schedule of loss;
preparing for (and attending) a Preliminary Hearing;
exchanging documents with the other party and agreeing a bundle of documents;
taking witness statements, drafting statements and agreeing their content with witnesses;
preparing bundle of documents;
reviewing and 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, including instructions to Counsel.
The stages set out above are an indication and if some of the stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
What is not included in our costs?
The fee indications set out at the top of this page are in respect of the steps outlined in the Key Stages section of this page. They do not include any subsequent work - for example, representing you at any appeal or review hearing or advising you about the merits of any such appeal or review.
How long will my application take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 1- 8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26 - 52 weeks. 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.
Working With Our Service Team
Our approach is pragmatic, uncomplicated and always transparent. Our dedicated legal advisers offer a full range of Employment Law and HR services and packages tailored to the specific needs of your business.
- Julia Fitzsimmons
If you have an enquiry in relation to Employment Law or HR Support or simply want to speak to a member of our expert team, please get in touch.
