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Defending a Tribunal Claim (advice for employers)

We offer succinct and pragmatic legal advice to employers of all shapes and sizes as to how best to defend a Tribunal claim issued by a former or existing employee.

Should an employee (or recently dismissed employee) make a claim against your business, we shall advise you how best to respond. This will include an assessment of the merits of any claim and whether or not a case should proceed to trial. Our priority is to assist you, the employer, therefore a commercial analysis of the case and the overall outcome is paramount.

Our fees are calculated in accordance with the amount of time which is spent on your case and are charged at an hourly rate. Our rates are dependent on the years of legal experience and qualification and are set out as follows:
  • Paralegal / Trainee Solicitor - £120.00 + VAT per hour
  • Solicitor under 4 years PQE - £150.00 + VAT per hour
  • Solicitor over 8 years PQE - £200.00 + VAT per hour
Should you instruct us to proceed with defending a claim at the Employment Tribunal we shall be required to firstly, assess the merits of your defence and potentially engage with ACAS if the ET1 has been lodged. We shall then particularise your response and set out your defence in writing in order that a detailed response can be lodged with the Tribunal. It can be difficult for us to estimate what costs you will incur for us to carry out this service, however we anticipate that you will incur costs in the region of £1,000 to £2,000 + VAT.

Once your defence has been lodged the Tribunal will make directions for the parties to comply with. These may include directions for disclosure, witness statements and expert evidence in order that the parties are fully prepared for trial. Once again, it can be difficult for us to estimate your costs up to and including trial given that each case will turn on its own facts and may have potential unforeseen complexities. However, we anticipate that after lodging your response to the ET1 your estimated legal fees up to and including trial may be £6,000 to £9,000 + VAT.

There are numerous factors which can lead to the increase or decrease in your overall costs and will largely depend on the factual complexity of the case, the issues in dispute and number of potential witnesses. The parties may also enter into without prejudice settlement negotiations which can be take the form of written correspondence, informal discussions, liaising with ACAS or the parties may agree to mediate. Should the matter settle we can assist you in drafting a Settlement Agreement.

Please note our costs estimate do not include disbursements such as Counsel’s fees or any expert evidence fees. Should the matter proceed to trial you may wish to instruct a barrister whose fees shall vary on the complexity of the case and the experience of the barrister. We offer advice to employers in all areas of employment law so please do not hesitate to contact our Dispute Resolution Team.

Contact Us

Tel: 01903 288850
Tel: 01243 781431
Tel:  01243 672124
Emergency: 07712 815169
Fax: 020 7427 7391

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