Employment Tribunal Costs For Employers

Our in-house team have vast experience in defending employers against such claims as:

  • Unfair Dismissal
  • Constructive Dismissal
  • Discrimination
  • Whistleblowing
  • Holiday pay
  • Unlawful deduction of wages
  • Redundancy

tell us about your claim

We shall do an free initial review and inform you of any costs thereafter to ensure you understand how your legal fees are calculated

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How Much Are Employment Tribunal cost?

While most firms operate on an hourly rate, we prefer to offer our clients a fixed-fee.

We believe this helps our clients in managing their legal costs.


It is essential to check any business insurance policies, as they may cover the costs of defending employment tribunal claims:

  • This could be part of Office insurance or Directors insurance;
  • ‘After the Event Insurance’ [“ATE”] might be able to assist you – we can put you in contact with a broker in this regard;
  • Some insurers will prefer to use firms of solicitors selected from their panel. However, businesses have the right to choose their own representation. You should not be pressured into instructing a solicitor simply because the insurance broker recommends them.

We can help by liaising with your insurer if you need us to, just provide us with the policy number and contact details.


We operate using fixed-fees for each stage of the tribunal process.

The costs may vary depending on the following:

  • The volume/complexity of claim;
  • The volume of documents;
  • The number of witnesses;
  • If the other party is a litigant in person (this often requires more time due to their lack of understanding of the process and the law);
  • Dealing with cost applications;
  • Dealing with applications to amend claims;
  • Dealing with strikeout or deposit order applications;
  • Where the dismissal/treatment is potentially discriminatory;
  • Making applications for interim relief;
  • Dealing with preliminary issues in more than one preliminary Hearing;
  • Where you have started the claim/defence yourself, and we have to correct any mistakes or redraft any part of the pleadings;
  • Where the other party acts unreasonably, we may have to take appropriate action.

Initial consultation: £399 – £699

This is essential to assess your position.

We can do this over the telephone.

At this stage, we will need to review all the documents related to the claim.

It may take a few phone call or emails before we can provide an assessment of your prospects.

At this point, we can provide a fixed-fee estimate.

The below is a guide to each stage of litigation and the likely cost of this.

ACAS Early Conciliation: £499

We will liaise with ACAS on your behalf.

As soon as you receive correspondence from ACAS, get in touch and we can take over for you.

We will assess whether the case can settle without the need for further legal costs.

If the matter cannot be settled during this process, a certificate will be issued to the Claimant.

We then wait to see if they issue an ET1 (this is the claim form).

Counter Schedule: £299 – £499

This is helpful to understand the best-case and worst-case scenario for the business so that you are able to make an informed decision when making/accepting an offer to settle a claim.

Response Form: £699 to £2,999

This is also known as an ET3.

This is a response form when a claim has been made against you.

You must submit to the tribunal within 28 days of the claim being issued.

This is the start of the legal process and must be done in a prescribed manner.

This is one of the most critical documents in a case as it forms the basis of your defence.

Preliminary Hearing: £299 to £1,999

Preliminary hearings occur in most cases and can last between an hour to a day.

Every preliminary Hearing requires the parties to agree to a written agenda two days in advance.

They can also be to determine preliminary applications and issues in dispute, such as disability status, strikeout applications or deposit orders.

When we know how long your Hearing is listed for, and what issues are to be determined, we can provide a fixed fee before starting the preparatory work.

Disclosure: from £495

Both parties are required to disclose all documents in their control or possession, which are relevant to the case.

The costs vary significantly depending on the volume of documents and the complexity of the case.

Once we have all of your documents, we can provide you with a fixed fee for this stage.

List of Issues: £499

This is a list of all of the legal issues in your case which are in dispute and are usually agreed prior to the final Hearing.

These form the structure for your Hearing and are the questions the tribunal will have to answer at the final Hearing.

We suggest doing this before drafting the statements, so we can focus on the legal questions the tribunal have to address.

Witness statements: per statement between £499 – £3,999

Costs will vary subject to the complexity of the issues and volume of documents and claims.

Each witness statement is unique.

Prices for each witness statement could be different depending on how involved the witness is in the case.

Final hearing preparation: £299 – £599

It is not uncommon for there to be inter-party correspondence and last-minute items following the exchange of witness statements.

This will be covered by one fixed fee estimate for the entire preparation of your case.

Advocacy (someone attending tribunal for you)

Preparation of your case and representation on the first day: £999 – £2,000

For each subsequent day thereafter: £999

Other costs

We usually conduct our own advocacy but when necessary we may instruct a barrister on your behalf, at any stage.

Prior to instruction, we will obtain a quote for you in respect to their disbursement fees and this will be agreed with you first before proceeding.

You will be required to settle their fee directly with them upon completion of the work.

All fixed-fees are payable in advance of work being conducted and where a matter settles part way through once the fee is incurred and the work has been started there will be no refunds.

Disbursements are costs related to your matter that are payable to third parties, such as barristers’ fees. Barristers’ fees can be anywhere between £1,000-£3,000 per day for attending the final Hearing, dependant on their seniority and the complexities of the case. This estimate does not include the barrister’s fees for preparation for a hearing (also known as the brief fee) which can also be in the region of £1,000-£3,000 per day.

All fees are exclusive of VAT.

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