The Cost of Unfair Dismissal.
Before claiming unfair dismissal, it's important to seek legal advice and fully understand the steps and costs involved.
Unfair dismissal claims can be complex.
We make it simple to understand.
There are various factors that can make a case more complex. We've got the expertise to advise you from initial instruction through to final hearing. We can offer a bespoke service based on the amount of support you need.
This page aims to give a general indication of costs for bringing to Tribunal for a claim of unfair or wrongful dismissal by your employer. Our aim is to be as transparent as possible and uncomplicate the legal process for you.
Unfair Dismissal - is a claim by an employee that their employment was terminated in breach of contract, for example because their employer failed to give them (or pay them for) the required period of notice of termination.
Wrongful Dismissal - is a claim that can be made by certain employees that their employer acted unreasonably in terminating their employment.
Simple case: £5,000 – £10,000 (plus 20% VAT)
Medium complexity case: £10,000 – £15,000 (plus 20% VAT)
High complexity case: £15,000 – £30,000+ (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;
making or defending a costs application;
complex preliminary issues such as whether the client is disabled (if this is not agreed by the parties);
the number of witnesses and documents;
if it is an automatic unfair dismissal claim, e.g. if you are dismissed after blowing the whistle on your employer;
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 £950 – £2,000 + 20% VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
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 claim or response;
reviewing and advising on claim or response from other party;
exploring settlement and negotiating settlement throughout the process;
preparing for and 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.
Working With Our Service Team
Our dedicated and pragmatic legal experts are able to advice and support you with all aspects of employment law, ensuring all discussions are protected by legal professional privilege.
- Julia Fitzsimmons
If you have an enquiry in relation to a personal Employment matter or simply want to speak to a member of our expert team, please get in touch.
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.
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.
Unfair dismissal is when an employer terminates your contact of employment without a fair reason as set out in legislation and/or without following a fair procedure. Wrongful dismissal is when a contract of employment has been terminated and breaches one or more terms of the employment contract.
Some examples of unfair dismissal are;
- being terminated for being pregnant or being on maternity leave
- for whistleblowing
- for raising a health and safety concern within your organisation
- Race / Gender Discrimination
You would need to have worked for your employer for 2 complete years in order to be able to claim unfair dismissal in the employment tribunal.
