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Defending Employment Tribunal Claims for Employers – How Much Does it Cost?

The costs for defending an Employment Tribunal claim on behalf of a Respondent employer vary on a case by case basis due to case complexity, volume of documents and number of witnesses. Purely as a guide we set out below, our average fee costs.

Please note that all prices listed below will be subject to VAT, and these estimates do not include additional disbursements such as barristers or expert fees.

Each case falls on its own facts, and once we have established the nature and complexity of your businesses’ case, we can give an indication of your fees and of any additional costs that may be incurred.

Our Fees

  • Unlawful deduction of wages / breach of contract – on average £3,500+ VAT of £700, totalling £4,200, and disbursements
  • Unfair dismissal claim – average £8,500+ VAT of £1,700, totalling £1,200, and disbursements
  • Discrimination claim – between £6,500.00 +VAT of £1,300, totalling £7,800, to £9,000+ VAT of £1,800, totalling £10,800, and disbursements.

The cost of defending Employment Tribunal cases will be commensurate with the complexity of the case.. Factors affecting this can include:

  • If it is necessary to defend applications to amend claims or to provide further information as your defence
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as whether the Claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • Defending whistleblowing claims
  • Defending claims of discrimination which are claimed to be linked to the dismissal

What do your fees include?

Prices quoted are average costs for representation throughout the full stage of Employment Tribunal proceedings up to and including a Final Hearing; including:

  • Preparation and drafting of an ET3 form (the form outlining your defence) and related Grounds of Resistance(the factual detail of your defence and legal basis).
  • Representation at a Preliminary Hearing/Case Management (if relevant)
  • Dealing with the Case Management Orders: including consideration of and dispute of a Schedule of Loss (the document setting out how much the Claimant wants the Tribunalto award if the Claimant wins his or her claim), dealing with disclosure of documents, preparation of a Tribunal Bundle and drafting of witness statements. It can also include instructing Counsel (if necessary) for any final preparations and representation at a Final Hearing.

Additional Disbursements

Disbursements including Counsel (a barrister) for attendance and representation at a Final Hearing vary depending on the length of hearing, the experience of the Barrister, the complexity of the case and the volume of documents. Clients are informed as early as possible about disbursement costs and Farleys will handle the payment of the disbursements on your behalf to ensure a smoother process for you.

On average, these range from £750 +VAT of £150, totalling £900, to £5,000+VAT of £1,000, totalling £6,000.

How long does an Employment Tribunal case take?

On average, an Employment Tribunal case can take up to 12 months, however this depends on each case.  We will be able to give you a more accurate timescale once we have all of the necessary information, and as the matter progresses.

What qualifications do the team have?

Specific experience and qualifications can be viewed on each individual team members profile.

Contact an Employment Tribunal Solicitor

For more information on Employment Tribunal representation call 0333 331 5079 or email us and an experienced solicitor from our employment law team will get back to you.

No win no fee basis

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