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Need help now from an employment tribunal representative?
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
- Unlimited time to discuss your matter with an employment solicitor
- An outline of your legal position and available options
- A clear time and fee estimate for your case
The Tribunal Representation Experts
- Identify the eligibility and strength of the case
- Explain the tribunal process so you know what to expect
- Provide robust defence or mitigation
Commonly asked questions on employment tribunal representation.
Many employers will never have experienced a case going to the employment tribunal, so it can be an uncertain and stressful time when they come around. This is why our employment solicitors in London and Brighton have answered some of the most commonly asked questions on the topic.
1. What is the employment tribunal?
In England, the employment tribunal is responsible for resolving serious workplace disputes. During a tribunal, the defendent is always the employer. The claimaint can be ex or current employees, trade unions, or job applicants.
The role of the employment tribunal is to establish whether the employer is responsible for wrongdoing and if they are, what kind of compensation is suitable for the claimant.
2. What are some examples of cases that go to the employment tribunal?
- Wrongful dismissals
- Unair dismissals
- discrimination
- Redundancy
- Denying a flexible working request without fair reason
- Breach of contract
- Equal pay
In many cases there are a few elements going on simultaneously. This is highlighted in the case between Alice Thompson and her ex-employer. In 2021, Estate Agent Alice Thompson took her previous employer to the Tribunal over constructive dismissal due to the refusal of her flexible working request when she came back from maternity leave. The firm had to award her £185,000 on the grounds of indirect sex discrimination.
If you want to protect your business from potential or current employment tribunal cases, contact our solicitors on 0203 007 5500.
3. What are my rights as the employer?
If you receive notice of a claim, you must respond. You can’t just hope that it will go away.
As with any legal case, you have the right to legal counsel – a highly useful and recommended tool for dealing with claims. If you have in-house legal they may deal with it. If not you should instruct an employment solicitor.
During the tribunal you have the right to present evidence and cross-examine the claimants evidence.
If the court makes a decision you disagree with, you have the right to appeal.
Have you received notice of an employment claim? Contact our expert solicitors on 0203 007 5500.
4. How can I avoid the employment tribunal?
You can prevent cases from escalating to the employment tribunal in various ways.
ACAS early conciliation
Your employee must inform ACAS before submitting a claim to the employment tribunal. ACAS offer an early conciliation service where a neutral person will work with both parties to try and resolve the dispute before escalation. Because this service involved a contract upon agreement, it is legally binding.
Settlement Agreements
This is a legally binding agreement that covers terms all parties agree to. This can involve compensation, a workplace resolution to the issue in dispute, or resinstatement to a role.
Preventing disputes
Of course, prevention is the best and most efficient option. If you implement best practices in accordance with regulations, set out robust policies, and act with fair treatment, then you have a good chance of preventing any employment claims.
If you are ever in doubt, seeking legal advice early on from an employment law expert can help you iron out any potential issues. You can contact our solicitors on 0203 007 5500.
5. How can you support my business?
There are three main ways that we work with businesses:
Preventative measures
We work with businesses to minimise the probability of employment issues arising and to advise on contractual and workplace changes. This includes elements like training for management, contract reviews, and policy reviews.
Crisis and claim management
Where businesses are facing the prospect of a claim, we act swiftly to minimise damage and defend your company’s interests prior to and during any Employment Tribunal action.
Post-claim changes
If your business has recently faced a claim or had a spate of grievances raised, we will identify any underlying issues and provide you with a plan of action to minimise business disruption.
Need help now from an employment tribunal representative in London or Brighton?
Tell us about your case and we’ll get back to you the same day.
Employment tribunal: fees and work.
The cost of unfair/wrongful dismissal can vary between firms. At Britton and Time, our employment tribunal solicitors are committed to giving you clear estimates of costs, telling you how long your case will last, and outlining the work we're doing during your case.
1. Average costs
A simple unfair/wrongful dismissal case that settles before needing to submit a claim to the Employment Tribunal hearing will cost in the region of £2,500 to £5,000 plus VAT. This is based on the approximate 8 to 16 hours of work it will take to settle your claim with your employer. Costs can increase with complexity and how long the case goes on for. If your case proceeds to the Employment Tribunal, you can expect to pay over £15,000 plus VAT. We don’t offer fixed fees for unfair dismissal.
There may be additional fees payable, such as barrister fees and administration fees to create bundles and other paperwork. Barrister fees will vary based on the experience level of the chosen barrister.
The general rule is that the Employment Tribunal is a cost-neutral environment, so neither party is rarely made responsible for the other side's costs. However, there are exceptions to this general rule.
2. Hourly rates
Our solicitors charge £295 to £550 per hour, plus VAT depending on the seniority of who is working on your employment matter. Our average costs represent the work involved across the period it usually takes to either settle your case out of court or proceed to a full hearing.
3. Work involved
The stages below are indicative of the work involved in bringing an unfair dismissal claim to court.
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
- Entering into early conciliation where this is mandatory to explore whether a settlement can be reached
- Preparing to submit your claim or your response to a claim
- Reviewing and advising on a claim or response from the other party
- Exploring settlement and attempting to negotiate a settlement throughout the process
- Preparing or considering a schedule of loss
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents with the other party and agreeing on a bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Preparing bundle of documents
- Reviewing and advising on the other party’s witness statements
- Agreeing on a list of issues, a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to Counsel
Depending on when your matter settles, not all stages may be applicable.
4. Factors affecting costs
No two unfair dismissal cases are the same, and there are many factors that affect how much your case will cost.
Cost Variables include:
- Whether the claim includes elements of discrimination and/or victimisation. This includes issues around whether the claimant has a disability and whether this is disputed by the defendant
- Whether whistleblowing is, or could have been the cause for dismissal
- Whether or not an application for costs is going to be made
- If there are complexities arising from Transfers of Undertakings (TUPE)
- The number of witnesses and documents involved in a case
- The involvement of any experts to verify evidence or a person’s condition
If the case proceeds to a hearing, an additional daily fee of £1,200 to £2,400 plus VAT will be applied for the solicitor in attendance, depending on the seniority of the solicitor.
5. Disbursements and third-party costs
There are currently no mandatory disbursements payable for Employment Tribunal cases. However, there may be additional fees incurred for travel and expert witnesses. If any additional disbursements are required, we will always consult with you first unless there are practical reasons why this is not possible.
6. How long will an unfair dismissal claim take?
This depends on at which stage your case is resolved. For matters that are settled out of court during pre-claim conciliation, your case can take a period of 4-8 weeks.
If your claim proceeds to a Final Hearing, this will depend on the Employment Tribunal’s availability. Typically, HMCTS aims to list a preliminary case management hearing date within 26 weeks from when the claim commenced. The final hearing date is generally set at the preliminary case management hearing. The court is currently scheduling final hearings around 18 months are the preliminary case management hearing.
Meet our expert employment law team.
Paul Britton
Managing Director
Rory Lindsay
Solicitor
Alexander Grist
Trainee Solicitor
Leonardo Bosco
Trainee Solicitor
Aryan Fallahi
Trainee Solicitor
Grace Marchant
Trainee Solicitor
Adam Geele
Paralegal
Why Britton and Time Solicitors?
Employment law is our speciality. Our solicitors have worked on many employment tribunal cases, which have given our solicitors an abundance of knowledge and experience in this area of law. When it comes to your specific case, we’ll always guarantee:
Award-Winning Service.
You are our priority, and the law is our speciality. Our award-winning employment tribunal representatives in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.
Full Billing Transparency.
No fee surprises. Ever. Our employment tribunal representatives will inform you from the outset how much your case will cost, and we will do everything in our power to keep costs down and within your original fee estimate.
Regular Communication.
With fortnightly updates on your case, you’ll never be left in the dark. Our employment tribunal representatives in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.
Our reviews.
It’s not about how good we think our services are; it’s about what you think.
Will to Win
There are three things that make Britton & Time, and in particular Paul, stand apart from other law firms: knowledge, communication and a will to win.
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Our employment law services.
Employee Dismissals
Flexible Working Requests
Grievances and Disciplinaries
Health and Safety
Industrial Relations
Sickness and Performance
Redundancy
Tribunal Representation
TUPE
Investigations
Equality, Diversity, Inclusion
Settlement Agreements
Our employment law insights.
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Flexible Working Requests: Regulations and Employer Responsibilities
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Need legal advice now from a tribunal representative?
Call, email or provide us with a few details of your matter, and we’ll be able to help you the same day.