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What will a constructive or unfair dismissal claim cost?

An initial consultation will provide you with an initial assessment on your potential case. The fee for an initial assessment will range from £250 -£500 depending on the volume of paperwork you will ask us to consider.

This type of case can be difficult to prove and it is possible the costs of proceeding could come close to or even outweigh the likely measure of compensation you could receive so an initial assessment will provide you with a balanced view of your options.

It may be possible that your home contents insurance policy includes the option to claim for legal fees in the event of an employment dispute.

The cost of a claim depends on several factors, most importantly being the stage at which it settles and thus the amount of work that has been undertaken. Most cases settle early and the employer may pay some or all of the legal fees as part of the terms of settlement but there is no guarantee that is possible and can depend on the particular facts of the case.

Cases of the lowest complexity

  • Start from £1,500 if they settle early and typically will be in the range of between with average case costs of £3,000-£7,500

Medium complexity cases

  • Start from in the region of £2-2,500 with costs ranging on average from £7,500 - £20,000

High complexity cases

  • Start from £5,000 with average costs of £20,000 - £35,000

Hourly rates

Our work is generally charged by applying an hourly rate to the time engaged. Our rates are dependent on the experience of the fee-earner working on the case and its complexity but will range from range from £150 to £375.

The work to be carried out

No cases are the same but typically the following stages will be undertaken in the life of a case depending on its issue and the stage it reaches

  • Initial instructions, reviewing the papers, advising on the merits and likely compensation
  • Entering into ACAS early conciliation to explore if a settlement can be reached
  • Preparing a claim, reviewing and advising on any response from other party
  • Engaging in negotiating towards a settlement throughout the process
  • Preparing a schedule of loss
  • Making requests and responding to requests for additional information and documents
  • Preparing for and attending a preliminary hearing
  • Preparing documents for disclosure and reviewing the opponent's documents
  • Exchanging documents with the other party, agreeing documents and preparing documents
  • Drafting statements, and reviewing and advising on the other party's witness statements
  • Agreeing a list of issues and a chronology
  • Preparation and attendance at Final Hearing
  • Advising throughout on strategy, strength of case and general management of the case
  • Dealing with correspondence from the opponent or their representative throughout the proceedings
  • Preparing documents and instructions for Counsel and conferences with Counsel

Factors determining the complexity of a case

  • Dismissal cases that are linked to allegations of discrimination
  • Automatic unfair dismissal claims e.g. whistleblowing cases
  • Making or defending a cost application
  • Complex preliminary issues such as whether a claim has been brought in time, whether the individual is an employee, and whether the case is sufficiently strong or should be struck out
  • Making or defending applications to amend claims or provide further information about existing claims
  • A long history being associated with the claim
  • Numerous witnesses being called by either side
  • Extensive documentation being relevant to the claim
  • Issues of loss such as loss of long-term incentives, pension or career
  • Cases where a separate remedy hearing is required i.e. to work out the level of financial award to be made

Case duration

This will largely depend at which stage a case is resolved. If a settlement is reached during ACAS early conciliation it is likely to be resolved within 6 weeks.

If a claim proceeds to a final hearing it could take between six months and a year and sometimes even longer depending on the particular Employment Tribunal and the volume of cases it is having to deal with.

Other costs involved?

We may have to incur other expense such as paying fees for experts and barristers. These payments are called disbursements, and we will keep you updated on them throughout your claim.

Barristers' fees range between £600 - to £3,000 per day for attending a tribunal hearing, in addition to a preparation fee for final hearing which varies between £1,000 to £15,000. The brief fee as this is known, will usually include the fee for the first day of a hearing. The fee for subsequent days is called a refresher

These fees are in addition to those set out above but will only usually be incurred if the case proceeds to an actual hearing.

Prices quoted on this page include VAT.


Our fees and some disbursements are subject to VAT at 20%.

Disbursements are charges payable in addition to our fees, normally to a third party. They can include fees payable to the Court , Barristers and other experts who may be required to provide evidence in your case.

The amount charged for the disbursements depends upon a number of variables. All of these additional costs where applicable will be discussed with you in advance of instruction.

For further information please contact our team