Delivering results
Price and Service Transparency
Typical Fees for Employment Tribunal Claims for Unfair and Wrongful Dismissal
BDBF’s lawyers are specialists in advising clients with high value and/or complex employment and partnership disputes in the Employment Tribunal and High Court.
BDBF is obliged by its regulator, the Solicitors Regulation Authority (SRA number: 569591), to provide transparency in respect of the prices it charges individuals and employers for particular types of work, specifically in respect of claims for wrongful dismissal and unfair dismissal. We provide this information below and hope it is useful in your decision as to which law firm to instruct.
Clients of BDBF instruct us either because they have received a strong personal recommendation or as a result of our industry leading reputation in the work we carry out for senior executives and employers. Clients do not come to BDBF because we are the cheapest option. We are not. While no one enjoys paying legal fees, our clients recognise that high standards of service and delivery are worth paying for.
Every client, and every client’s matter, is different, and our charges depend on a range of factors. These include whether the work is for an individual or a business, the complexity and value of the matter, the seniority of the lawyer or lawyers engaged on it, and the amount of time it takes to complete. We will provide you with a bespoke fee quote at the outset of any litigation.
Necessarily, the below information should be treated by you as an indicative guide. The information given is not contractually binding between us.
Who will have conduct of my case?
All of our work is partner-led, but this is particularly important in litigation.
One of our partners will have overall conduct of the matter and supervise the work of the other lawyers working on the case. Each of our partners have many years’ of experience representing clients in Employment Tribunal litigation, details of which can be found here.
Which of our lawyers work on the case will depend on the value and complexity. We will discuss with you in advance who in our team is best placed to represent you and the role of each team member.
How are our fees charged?
We charge primarily on a time spent basis. Our hourly rates for services vary depending on the seniority of the lawyer or lawyers engaged, and the complexity and value of the matter. We review our hourly rates on an annual basis and update them with effect from 1 April each year.
In the current financial year (2024/25) our hourly rates for work range from £285 plus VAT for our most junior associate solicitor to £890 plus VAT for our most senior partner. Where VAT is charged it will be charged at the rate of 20%.
You will need to pay for ‘disbursements’ in addition to our fees. In wrongful and unfair dismissal claims the most common disbursements are for barristers’ fees.
For the right cases, we will consider different fee arrangements in order to accommodate your ability to pay, including conditional fee agreements (CFA) and damages based agreements (DBA). If we consider that your case is one we can take on a conditional-fee basis, we will discuss the specific terms with you in advance but as costs are typically not recoverable from the opposing party in Employment Tribunal proceedings, the fees payable under this arrangement will need to be met by you, likely from any compensation you are awarded.
Key stages of a claim
At the outset of the matter, we will take your initial instructions, review your documents and advise you on your prospects of success and the potential compensation. If instructed to do so, we will try and negotiate a settlement with the other party.
If settlement cannot be achieved, and litigation is necessary, the claim is likely to involve the following key stages:
- preparing your claim or response;
- reviewing and advising on the claim or response from the other party;
- preparing or considering a schedule of loss or counter schedule of loss;
- preparing for and attending Preliminary Hearing(s);
- exchanging documents with the other party (disclosure);
- agreeing a bundle of documents for use at the final hearing (and preparing that bundle if ordered to do so by the Tribunal);
- taking witness statements, drafting statements and agreeing their content with witnesses;
- reviewing and advising on the other party’s witness statements;
- agreeing a list of issues, a chronology and/or cast list;
- instructing the barrister for any interim hearings and the final hearing;
- exploring settlement and negotiating a settlement throughout the process;
- corresponding with the other side throughout the case on issues that arise;
- attending the final hearing; and
- reviewing and advising on the Tribunal’s judgment.
The stages set out above are an indication only and if some of the stages are not required, the fee may be reduced. It would not normally be necessary to undertake other work or incur other costs other than those described above. However, we would be happy to provide you with a more tailored quote for all stages of your particular case once we know about your specific circumstances.
Timescales
Employment Tribunal proceedings for wrongful dismissal and unfair dismissal will (unless settled) typically last somewhere between 6 to 24 months between the issuing of the initial claim and the parties receiving the Tribunal’s judgment. The Tribunal will usually determine the precise case management timetable at the first preliminary hearing.
Bringing Employment Tribunal claims
BDBF acts for senior executives bringing many different types of Employment Tribunal claim against their employer. Often, these will be combinations of claims within one legal action, for example, ‘ordinary’ unfair dismissal claims may be combined with claims for discrimination or being dismissed or subjected to detriment for whistleblowing. Typically, the more heads of claim that are included, the higher the fees will be. This makes it difficult to provide discreet pricing indications for individual causes of action and the following are necessarily approximate guides.
For wrongful dismissal
We have never brought a stand-alone claim for wrongful dismissal (i.e. a claim for notice monies) in the Employment Tribunal and given the current ceiling on compensation for this cause of action in the ET (£25,000) we would be very unlikely to do so. Higher value wrongful dismissal claims are typically brought in the civil courts where there is no ceiling applicable.
We do occasionally add this head of claim to another cause of action in the Employment Tribunal, such as discrimination. Were we to bring a standalone wrongful dismissal claim with a hearing length of 1 day, this may cost in the region of £25,000 to £35,000 plus VAT, including disbursements.
Typical disbursements will include the fees for Counsel (£5,000 to £10,000 plus VAT), and incidental costs such as photocopying charges and couriers (£100 to £750 plus VAT).
For unfair dismissal
A standalone claim for ‘ordinary’ unfair dismissal (i.e. one not involving discrimination or whistleblowing) with a hearing length of 1 to 3 days may cost in the region of £50,000 to £90,000 plus VAT, including disbursements.
Typical disbursements will include the fees for Counsel (that is, a barrister to represent you at hearings: £10,000 to £25,000 plus VAT), and incidental costs such as photocopying charges and couriers (£100 to £750 plus VAT).
Defending Employment Tribunal claims
BDBF acts for employers in their defence of many different types of Employment Tribunal claim. Often, this will be the defence of combinations of claims within one legal action, such as for discrimination or detriments for whistleblowing. Typically, the more heads of claim that are included, the higher the fees will be. As with individuals, this makes it difficult to provide discreet pricing indications for separate causes of action and the following are necessarily approximate guides.
For wrongful dismissal
Defence of a standalone claim for wrongful dismissal may cost in the region of £20,000 to £30,000 plus VAT, including disbursements.
Typical disbursements will include the fees of counsel (£5,000 to £10,000 plus VAT), and incidental costs such as photocopying charges and couriers (£100 to £750 plus VAT).
For unfair dismissal
Defending a standalone claim for ‘ordinary’ unfair dismissal (i.e. one not involving discrimination or whistleblowing) may cost in the region of £50,000 to £100,000 plus VAT, including disbursements.
Typical disbursements will include the fees for Counsel (£10,000 to £25,000 plus VAT), and incidental costs such as photocopying charges and couriers (£100 to £750 plus VAT).
Our service standard
For new prospective individual and employer clients seeking any type of employment law advice which is of a nature where we believe we can add value for what we charge, we understand how important it is that you receive prompt advice from an experienced lawyer.
We therefore offer a free, confidential call with a lawyer to understand what your matter is about, how we can help and also to provide you with an idea of what it may cost.
If you are interested in instructing BDBF, our lawyers will provide you with a more accurate fee estimate during the initial call, and if you instruct us they will give you regular written updates on the costs incurred and further estimates of costs as the matter progresses.
Please contact us on +44(0)20 3828 0350 or info@bdbf.co.uk for further information.
