Pricing Information for Bringing – or Defending – Unfair or Wrongful Dismissal Claims
Calculating our costs
The table below shows our pricing for bringing or defending claims of unfair or wrongful dismissal claims in the employment tribunal.
| Complexity Level | Fees | VAT (20%) |
| Low Complexity | £7,000 – £11,000 | £1,400 – £2,200 |
| Medium Complexity | £11,000 – £20,000 | £2,200 – £4,000 |
| High Complexity | £20,000 – £50,000 | £4,000 – £10,000 |
The fee ranges set out above reflect the work that we would reasonably expect to conduct in a matter of the stated complexity level. These prices assume that a final hearing of no more than two days would be listed.
Please note that the above pricing only applies to claims of unfair or wrongful dismissal. For example, it does not apply to claims of automatic unfair dismissal (such as where an employee is a whistleblower) or claims involving allegations of discrimination.
The standard hourly rates for each type of solicitor or team member who may be involved in your transaction are:
| Title | Hourly Rate | VAT (20%) |
| Head of Department | £360 | £72 |
There are factors that could render your matter more complex, and therefore increase the time spent and fees charged, which include:
- Dealing with complicated preliminary issues, such as time limits or employment status disputes
- Filing or defending applications to amend claims or provide additional information about a claim
- Filing or defending applications for costs
- Defending claims brought by litigants in person
- If a claim includes discrimination allegations
- Handling case management or preliminary hearings or if the final hearing is longer than two days in duration
- The number and nature of any directions issued by the employment tribunal
- If there is a substantial or above-average amount of documentation relevant to the claim to be reviewed and/or disclosed
- Preparing witness statements for a substantial number of witnesses
- If there are complex calculations of losses, such as final salary pension schemes or complicated benefit schemes
Disbursements and expenses
Disbursements are costs payable to third parties that relate to your matter. For example, the fees and expenses of barristers for providing advice and/or representation at hearings, expert fees, copying, printing and postage costs.
Barristers’ fees will differ based on the seniority and experience of the individual barrister in question.
We will pay the disbursements on your behalf to enable a smooth process, but you will be required to provide the cost of the disbursements in advance before their cost is incurred.
There may also be expenses incurred by ourselves and agreed with you around travel, accommodation and subsistence in attending employment tribunal hearings.
Timescales and Key Stages
The fees above cover all of the work regarding the following key stages of an employment tribunal claim:
- Taking instructions from you, reviewing the documents, and providing advice on the merits and value of the claim (which is an issue likely to be reconsidered throughout the life of the claim and subject to change);
- Taking part in conciliation through ACAS, where this is a mandatory requirement to explore if settlement is feasible;
- Drafting and filing your claims or response;
- Reviewing and advising you on the claim or response from the other party;
- Exploring and negotiating a settlement whilst employment tribunal proceedings are ongoing;
- Preparing, or reviewing and advising on, a schedule of loss;
- Preparation for and attendance at preliminary hearings;
- Disclosing documents to the other party and finalising a bundle of documents;
- Interviewing witnesses and drafting their witness statements;
- Reviewing and advising in relation to the other party’s witness statements;
- Preparing or agreeing a list of issues, chronology and/or cast list;
- Preparing instructions to counsel; and
- Corresponding with the other party and advising you in respect of that correspondence.
The overall length of the employment tribunal proceedings will depend on the point at which your case is resolved, which will likely be decided by the date on which the final hearing is listed or the date on which the matter is potentially settled and the claim withdrawn.
If the claim continues to a final hearing, in respect of unfair or wrongful dismissal claims only, the matter is likely to take in the region of 26 – 52 weeks to conclude.
Factors which influence the duration of the claim include:
- The complexity of the claim and the length of the final hearing;
- The reasonableness and behaviour of the other party in the way they conduct the matter.
- The capacity of the employment tribunal centre in question. If a certain employment tribunal is particularly busy or has a backlog of cases, it may take substantially longer for the case to be listed for a final hearing.
This information is an estimate only and we will be happy to provide you with a more precise timescale once we have more information about your matter.
Who will be representing me?
Your case will be handled by a solicitor in our Employment team, supported as required by our trainees and paralegals. Our solicitors are experienced in all areas of employment law and we pride ourselves on keeping our knowledge up to date, in order to supply you with the highest level of expertise. We always make sure that our solicitors and other team members are suitably supervised and supported.
Once you know who will be representing you for your matter, you can find out more information on their experience and qualifications by visiting Meet the Team – McHale & Co
