Defending Employment Tribunal Claim Charges

If you are having issues with an employee or ex-employee in your business then please feel free to contact us for a Free Initial Enquiry on 01629 56660or make an Online Enquiry.

We would always recommend that you seek initial advice before taking any action in relation to dismissing. If an employee has brought a claim against you then please contact us as soon as possible.

It is always difficult to assess the level of costs for defending a claim. It varies significantly on the allegations raised and conduct of the other side.

We have prepared a table of the likely costs involved in a simple defence of an employment tribunal claim.

This is produced as a guide and cannot be relied upon as a fixed charge.

The stages set out above are an indication and if some of the stages above are not required, the fee will be reduced. 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 on your individual needs.

More complex matters will vary. We may also advise that barrister should draft the proceedings or seek advice from a barrister.

Factors that could make a case more complex:

• if it is necessary to make or defend applications to amend claims or to provide information about an existing claim;
• defending claims that are brought by litigants in person;
• making or defending a costs application;
• complex preliminary issues such as whether the client is disabled (if this is not agreed by the parties);
• the number of witnesses and documents;
• if it is an automatic unfair dismissal claim, eg if they are dismissed after blowing the whistle;
• allegations of discrimination which are linked to the dismissal.

Please note that this is only the legal costs of Lovedays if you are unsuccessful in your litigation the court may order that you pay the other sides costs on top of your own

• Counsels fees preparing response £300 – £1,000
• Counsels fees for preliminary hearing £300 – £1,000
• Counsels fees for final hearing £700 –£2,000

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, the case is likely to take 3 months. If your claim proceeds to a Final Hearing, the case is likely to take 8 months. This is just an estimate and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.

Mrs Jennifer Renshaw, Head of Litigation, charge out rate £215 plus vat per hour, admitted as a solicitor 2007

Mr Paul Streets, Litigation Solicitor, charge out rate £200 plus vat per hour, admitted as a solicitor 2015

To find out more details regarding our staff please click here.