We charge £9,000.00 to £15,000.00 plus VAT on average for this type of work. This does not include a defence against a claim for automatic unfair dismissal for ‘whistleblowing’, which is a more complex claim. Our charges on average for defending against this type of unfair dismissal claim are likely to be between £18,000.00 and £30,000.00 plus VAT.
This estimate is just an average price based on recent instructions; the actual cost to you will depend on a number of factors, which we will discuss with you if you decide to instruct us. The vast majority of tribunal cases settle before a full merits hearing, which means that our total charges could be much less.
The charge is based on our hourly rate of £270.00. We do not offer fixed fees for this type of work.
There may be other costs on top. These are fees and charges we will need to pay on your behalf as part of the employment tribunal process, such as Counsel’s fees and expert witness fees. Counsel’s fees are likely to be between £1,500.00 and £3,500.00 plus VAT on average, where relevant.
Depending on the outcome of the hearing, in normal cases the expectation is that the losing party will pay the majority of these costs. However, this may not be possible and if not, you will remain liable for any outstanding costs and charges.
Our fees are given on the assumption that there are no other claims to defend (e.g. discrimination) that might increase the time involved, and thus, the cost. There may also be an increase in cost if the claimant is acting in person.
Your tribunal claims will be handled by Henry Doswell, a Senior Solicitor with over 18 years’ experience in employment tribunal litigation.
Henry Doswell is supported by a Personal Assistant with over 30 years’ experience as an administrator and secretary.
We understand the commercial urgency involved in defending an employment tribunal claim. The work we will carry out will involve:
- Taking instructions and assessing the merits of your defence – approximately 2-4 days
- Reviewing and considering the paperwork – approximately 2 weeks
- Entering into ACAS pre-claim conciliation (where necessary) – varies but approximately 1 month thereafter
- Dealing with the claim form and preparing your tribunal defence – approximately 2 weeks
- Exploring and/or negotiating settlement – varies but approximately 2 weeks
- Preparing a counter schedule of loss – approximately 2-4 days
- Agreeing disclosure documentation with the other side – varies but approximately 1 month
- Preparing witness statements – varies but approximately 2 weeks
- Instructing counsel (where necessary) – approximately 1 week
- Attendance at full merits hearing – varies but approximately 1-3 days
Obviously, our fees do not include any external costs and charges that may be incurred as part of the process (e.g. adverse cost awards or other liabilities). You will also be responsible for these items.