Employment Law for Businesses

Defending Employment Tribunal Costs

Susie Al‑Qassab

Partner

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Homa Wilson

Partner

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If your business is facing a tribunal, it can be a worrying time. With the potential of damage to reputation and financial penalties hanging over you, you want the best advice and representation to give you the best possible outcome.

At Hodge Jones & Allen Solicitors, we have decades of experience in representing businesses at tribunals and advising them on a wide range of issues. Our specialist employment law team is highly knowledgeable on every aspect of the law and will work with you to ensure you get a fair hearing, fighting your corner every step of the way.

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Employment Law for Businesses

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Employment tribunal costs

We offer competitive rates for employment law representation for businesses and will always be up front about our fees. From the outset, we will provide you with a fee estimate, so you know what you can expect to pay. Below, we’ve outlined our prices as a guide. For a bespoke fee estimate, please give us a call.

Hourly rates

All of our cost estimates are based on hourly rates, which range from £140 to £350 + VAT. The hourly rate can change, depending on the seniority of solicitor involved in your case.
All costs listed are also exclusive of VAT (currently at 20%).

Costs for employers

The prices charged by Hodge Jones & Allen Solicitors will vary depending on the complexity of your case and the solicitor involved. However, we’ve outlined what you can expect to pay below.

Prices are generally calculated based on the type of claim you are facing at the tribunal.

These are:

Type 1 – Typically relating to wages, holiday pay, redundancy pay, failure to provide pay slips, a contract, or written reasons for dismissal.
Type 2 – Relating to unfair dismissal, wrongful dismissal, or breach of contract.
Type 3 – Relating to discrimination, whistleblowing, equal pay, flexible working, TUPE related claims, family rights claims, and restrictive covenants.

It’s worth noting that in many cases, claim types can overlap, so prices listed in the next section are designed to be used as a guide only and are representative of standalone claims. In cases where there are multiple claims made, estimates will be higher.

Claim types with costs

Claim Type	Costs for Key Stages*	Barrister’s Fees	Assumptions (based upon…)*
1	£3,000.00 – £9,500.00	£2,500.00 – £4,000.00	Hearing lasting one day using junior barrister with no preliminary hearing & no or standard directions
2	£7,500.00 – £19,500.00	£2,500.00 – £7,500.00	Hearing lasting one to three days using junior barrister with no preliminary hearing & standard directions
3	£15,000.00 – £50,000.00	£15,00.00 -£20,000.00	Hearing lasting three to five days (including Preliminary) using senior barrister with non-standard directions

*Key Stages include:

Taking your initial instructions, reviewing the evidence and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and is subject to change).
Entering into early conciliation, where this is mandatory, to explore whether a settlement can be reached and may include pre-action correspondence.
Preparing a claim or response.
Exploring settlement and negotiating settlement throughout the process.
Preparing for (and attending) a preliminary hearing.
Preparing and responding to any interim applications.
Where appropriate, obtaining medical evidence and instruction relevant experts.
Exchanging documents with the other party and agreeing a bundle of documents.
Taking witness statements, drafting statements and agreeing their content with witnesses.
Reviewing and advising on the other party’s witness statements.
Preparation and attendance at a final hearing, including instructions to barrister.

The stages set out above are an indication. If some are not required, the fee will not be incurred. 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 based on your individual needs.

Prices may also change outside of the above brackets where:

A matter concludes early, by way of settlement or other resolution
Parties need to be added
Complex issues require resolution, such as employment status, medical conditions, experts’ instruction, availability or preference of barrister
Further information is required and needs to be added or responded to
Interim applications are necessary and appropriate
Applications for costs are appropriate
Counter claims are brought
The number of witnesses and volume of documentary evidence in the case
The hearing length is outside of the assumptions made
Hearings are postponed and relisted
Enforcement of an award is needed
Injunctions are sought or other proceedings initiated in another jurisdiction
Unreasonable instructions and/or disproportionate communications resulting in an increase in work upon which the assumptions are based
Barrister’s written opinion is appropriate
Time limits are a relevant consideration.

Funding options

Other funding options may be available, such as cover under an insurance policy, or fixed fees and damages-based agreements in certain circumstances. This is based upon an assessment of the merits and value of a case in advance and only where it is suitable and in the best interests of the client in relation to their access of justice.

These will be explored at the initial meeting and during the course of the case. Any change to funding arrangement of this nature are subject to strict conditions and may, in some circumstances, revert to funding the matter on the basis of the tables set out above.

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Defending Employment Tribunal Costs

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