We have a 100% success rate in seeking a commercial solution or successfully defending employment tribunal claims when representing employers in claims brought by employees, or potential employees, for unfair dismissal, discrimination or unlawful deduction from wages. We know that protecting your company’s reputation is a key concern when defending a claim and will keep this at the forefront of our mind as we provide you with strategic and tactical advice when guiding you through every stage of the tribunal process.
How we can help you
- Identify the risks and approach to a claim at an early stage
- Assess the legal costs involved in defending the claim
- Establish your prospects of success; assess the risk of not succeeding and the costs involved
- Calculate the necessary time and resources from you to defend the claim
- Establish whether a commercial settlement is appropriate or whether (for business or reputational and policy reasons) you should pursue the action to final hearing
- Prepare a robust response, where necessary, to ensure that your business and its reputation are protected
- Consider whether there are any lessons to be learnt from the process, identify any potential training requirements or if changes to your policies and procedures are required.
Why use Thomson Snell & Passmore?
- We are 100% successful in securing the best outcome at tribunal or a sensible commercial settlement
- We offer highly competitive legal services with fixed fees and no hidden extras
- We make it easy for you to contact us, you will have a dedicated lawyer, a direct dial and email address
- We ensure that you are always aware kept up to date with how your matter is proceeding
- We are committed to full transparency and giving our clients meaningful choice as to the basis on which they wish to proceed
- 98% of our clients rated our service as ‘excellent’.
Our fees for defending unfair dismissal and wrongful dismissal employment claims
We have set out below our typical fees for defending employment tribunal (ET/tribunal) claims on behalf of employers for unfair or wrongful dismissal. These fees are based on matters that proceed to a final tribunal hearing. If the matter concludes earlier the fee will be less, for example if an out of tribunal settlement is agreed.
There are typically three levels of employment claim depending on the complexity and the fee varies accordingly. See a full explanation here of how we reach the fee ranges below. We have also set out in more detail how we charge and the factors that will affect what the total fee will be for the claim.
- Simple ET claim – fees range from £8,000 - £13,000
- Medium ET claim – fees range from £13,001 – £22,000
- Complex ET claim – fees range from £22,001 - £35,000.
(all fees are exclusive of VAT charged at 20%).
We can put you in touch with employment practice risks indemnity insurers to arrange before the event insurance to help cover the costs of defending any claims, if you wish.
If you would like to discuss the background to your claim, how we help and how much it might cost in more detail, please contact a member of the employment law team, details can be found at the bottom of the page.
Key stages in the process
The fee ranges set out above will cover all of the work in relation to the typical stages of an employment tribunal claim which can be seen here.
These stages are an indication only. If some of stages above are not required, the fee will be at the lower end of the scale and if there are additional stages, the fee will be higher. We have set out below the factors that will usually affect the overall fee. There are also things outside of our control, such as court availability and location. We would ensure that you are updated on these factors at the outset and as the matter progresses.
You may wish to handle the claim, or parts of it yourself and only seek our advice in relation to some of the stages. This can also be arranged based on your business needs.
Factors affecting the overall fee
Unfortunately, it is impossible to list all the factors that could affect the overall fee, as each case varies. We have set out below the most common factors, and a more extensive list can be seen here:
- The conduct of the employee opponent
- The amount of correspondence and documents
- The length of the ET hearing.
Disbursements are costs and expenses related to the matter that are payable to third parties, such as barrister’s fees. As we instruct the barrister on your behalf we handle the payment of their fees on your behalf, having first obtained money on account from you.
Counsel fees ranging from £1,500 - £5,000 per day, depending on their level of experience and availability, we would obtain a quote.
Fees will depend on availability and level of experience and are subject to quotes from barristers.
Travel expenses will be charged to you for attending any hearings on your behalf or with you. The amount of the expenses will depend on the location of the hearing and the number of times that travel is incurred.
How long will my matter take?
The time from taking your initial instructions to the final resolution of the matter depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim conciliation, the case is likely to take two to six weeks to conclude.
If the employee’s claim proceeds to a final hearing, then typically a final hearing takes place between four and nine months from when the claim was submitted to the tribunal.
The date for the final hearing is usually set at the preliminary hearing, which generally takes place up to a month after the deadline for your formal response to the employee’s claim.
Working with you
All work is supervised by the Head of Department or a senior, fully qualified member of the team who also has supervisory authority. If you instruct us, we will advise you as soon as possible who will be working on your matter and who the supervisor is.
See below for details of the team who may work on your matter.