Employment Tribunal Costs for Employees: What to Expect

Understanding the costs of bringing an employment tribunal claim helps you make informed decisions about pursuing your case.

No Tribunal Fees

Fees Were Abolished

Good news for employees:

• No fee to submit claim (since 2017)
• No hearing fees
• Completely free to use tribunal system
• No financial barrier to justice

Before 2017

The old fee structure:

• £250 to submit Type A claims
• £950 to submit Type B claims
• Additional hearing fees
• Declared unlawful by Supreme Court

Types of Costs

Your Own Legal Representation

If you choose to use lawyers:

• Solicitor fees
• Barrister fees (if needed)
• Preparation time
• Hearing attendance
• Disbursements

Your Own Time

Non-financial costs:

• Time preparing case
• Gathering evidence
• Attending hearings
• Travel to tribunal
• Time off work

Risk of Paying Employer's Costs

Small risk of costs order:

• If you act unreasonably
• If claim has no merit
• If you act vexatiously
• Rare in practice

Legal Representation Costs

Solicitor Fees

Typical costs if using solicitor:

Stage	Cost Range
Initial consultation	£150-400 (often free)
Advice on merits	£500-1,500
Drafting ET1	£500-1,500
Case preparation	£2,000-5,000
Witness statements	£1,000-3,000
Final hearing prep	£1,500-3,000
Attending hearing (per day)	£1,000-2,000

Total for simple case: £5,000-15,000 Total for complex case: £15,000-30,000+

Barrister Fees

If using barrister for hearing:

• 1-day hearing: £1,500-3,000
• 2-3 day hearing: £3,000-6,000
• Week-long hearing: £6,000-15,000+

Hourly Rates

Typical hourly rates:

• Trainee/paralegal: £100-200/hour
• Solicitor: £200-400/hour
• Senior solicitor: £300-500/hour
• Barrister: £150-400/hour (junior)
• Barrister: £300-600/hour (experienced)

Free and Low-Cost Options

Representing Yourself

Completely free option:

• Handle your own case
• Tribunals are less formal than courts
• Many people do this successfully
• See our guide on representing yourself

Advantages:

• No legal costs
• You know your case best
• Direct control

Disadvantages:

• No legal expertise
• Time commitment
• Stressful
• May miss legal points

Trade Union Representation

If you're a union member:

• Free representation
• Experienced representatives
• No cost regardless of outcome
• Must be member before issue arose

Usually includes:

• Initial advice
• Case preparation
• Full representation at hearing
• Appeals if needed

Citizens Advice Bureau

Free service offering:

• Initial advice
• Help understanding process
• Form completion assistance
• Sometimes representation

Limitations:

• Limited resources
• Not full representation usually
• May have waiting times
• Availability varies by area

Law Centres

Free legal advice in some areas:

• Employment law advice
• Help with case preparation
• Sometimes representation
• Check if available locally

Pro Bono Schemes

Some solicitors offer:

• Free representation
• For deserving cases
• Limited availability
• Usually need to apply

Examples:

• Bar Pro Bono Unit
• Employment Law Appeals Advice Scheme (ELAAS)
• Law school clinics
• Solicitor pro bono units

Initial Free Consultations

Many solicitors offer:

• Free first meeting (30-60 minutes)
• Assessment of case merits
• Costs estimate
• Options overview

No Win No Fee (Conditional Fee Agreements)

How It Works

Agreement with solicitor:

• No payment if you lose
• Pay fee if you win
• Usually percentage of compensation
• Or uplift on normal fee

Typical Terms

Success fee:

• Usually 25-35% of compensation
• Capped by law (35% maximum for employment)
• Plus expenses (disbursements)

If you lose:

• Don't pay solicitor's fees
• May need insurance for opponent's costs
• May pay disbursements

Advantages

For employees:

• No upfront cost
• No risk if lose
• Solicitor motivated to win
• Access to legal expertise

Disadvantages

Costs more if win:

• Significant percentage of award
• Reduces compensation received
• Insurance premiums
• May not be offered for weak cases

Availability

Not all firms offer this:

• Mainly for strong cases
• Higher compensation claims
• Discrimination claims more likely
• Unfair dismissal less likely (capped awards)

After the Event Insurance

Often required with no win no fee:

• Protects against opponent's costs
• Premium paid if you lose
• Costs £100-500+
• Payable from compensation if win

Funding Your Case

Self-Funding

Pay as you go:

• Most control
• Can budget costs
• Can use solicitor for specific tasks
• Can represent yourself at some stages

Strategies:

• Use solicitor for initial advice only
• Self-represent with solicitor on standby
• Solicitor for preparation, self-represent at hearing
• Full representation throughout

Crowdfunding

Some people raise funds:

• Online crowdfunding platforms
• Explain situation
• Seek public support
• Not appropriate for all cases

Litigation Loans

Commercial lending:

• Borrow to fund case
• Repay from compensation
• High interest rates
• Last resort option

Legal Expenses Insurance

Check if you have:

• Home insurance legal cover
• Standalone legal insurance
• Employment benefits
• Credit card benefits

Usually covers:

• Legal fees up to limit
• Opponent's costs (if ordered)
• After the event

Limitations:

• Must have had before dispute
• May need to use their lawyers
• Policy limits apply
• Excess payments

When You Might Pay Costs

The General Rule

Each side pays own costs:

• Winner doesn't get costs
• Loser doesn't pay costs
• Tribunal system protects both sides

Exceptions

Tribunal can order costs if you:

• Acted unreasonably
• Pursued claim with no reasonable prospect
• Acted vexatiously
• Didn't comply with orders

What Is Unreasonable Conduct?

Examples:

• Refusing reasonable settlement
• Not engaging with process
• Making unfounded allegations
• Abusive behavior
• Repeatedly ignoring orders

Costs Orders

If tribunal awards costs:

• Can be up to £20,000 (summary assessment)
• Or unlimited (detailed assessment)
• Must consider ability to pay
• Rare in practice

Protecting Yourself

Avoid costs orders by:

• Acting reasonably throughout
• Complying with tribunal orders
• Being honest in evidence
• Not pursuing hopeless claims
• Considering settlement offers
• Being professional

Cost-Benefit Analysis

Is It Worth It?

Consider before claiming:

• Strength of your case
• Likely compensation
• Time and stress involved
• Legal costs
• Effect on future employment
• Emotional toll

Expected Compensation

Typical awards:

• Unfair dismissal: £5,000-15,000 median
• Discrimination: £5,000-20,000 median
• Wages: Usually actual amount owed
• Redundancy: Statutory calculation

Maximum awards:

• Unfair dismissal: Up to £136,115 (2025)
• Discrimination: Unlimited
• But median awards much lower

Calculate Your Likely Return

If representing yourself:

• No legal costs
• Keep full award
• Worth it even for smaller claims

If using no win no fee:

• Lose 25-35% of award
• Insurance costs
• Need sufficient award to make worthwhile

If self-funding:

• Legal costs may exceed award
• Only for stronger cases
• Or significant compensation potential

Typical Scenarios

Scenario 1: Low-Value Claim

Situation:

• Unfair dismissal claim
• Likely award £8,000
• 2 years' service

Options:

• Self-represent (free)
• Use solicitor for ET1 only (£1,000)
• Full representation (£10,000+)

Recommendation:

• Self-represent or limited solicitor help
• Full representation costs more than award

Scenario 2: Discrimination Claim

Situation:

• Serious discrimination
• Likely award £40,000+
• Strong evidence

Options:

• Self-represent (risky for complex law)
• No win no fee (lose £12,000 from award)
• Full representation (£20,000)

Recommendation:

• No win no fee or self-funded if can afford
• Legal expertise important for discrimination

Scenario 3: Wages Claim

Situation:

• Owed £5,000 unpaid wages
• Straightforward claim
• Clear evidence

Options:

• Self-represent (free)
• Limited solicitor help (£500)

Recommendation:

• Self-represent
• Simple claim, clear evidence
• Not worth legal costs

Reducing Legal Costs

Do Preparation Yourself

Save money by:

• Gathering documents yourself
• Creating timeline
• Organizing evidence
• Drafting first versions
• Basic research

Use Solicitor Strategically

Key stages where advice helps:

• Initial merits assessment
• Drafting ET1
• Responding to complex legal points
• Settlement negotiation

Can self-represent at:

• ACAS conciliation
• Disclosure process
• Sometimes the hearing (with preparation)

Fixed Fee Arrangements

Ask about:

• Fixed fee for specific tasks
• Capped fee for whole case
• Predictable costs
• No hourly billing surprises

Junior Representation

Consider:

• Junior barristers (cheaper)
• Newly qualified solicitors
• Supervised paralegals
• Still competent but lower rates

Questions to Ask Solicitors

About Costs

• What are your hourly rates?
• What's the total likely cost?
• Can you offer fixed or capped fees?
• What payment terms do you offer?
• Do you offer no win no fee?
• What disbursements will I pay?

About Case

• What are my chances of success?
• What compensation might I get?
• Is it worth pursuing financially?
• Could I represent myself?
• What help could you give at what cost?

Checklist

Before Deciding

• Assess strength of case realistically
• Estimate likely compensation
• Calculate costs of legal representation
• Consider self-representation
• Check for free help (union, CAB, law centre)
• Get free initial consultations
• Compare no win no fee terms
• Check insurance coverage
• Weigh costs against benefits
• Consider settlement options

If Using Solicitor

• Get written costs estimate
• Understand payment terms
• Clarify what's included
• Ask about additional costs
• Request regular cost updates
• Agree budget
• Consider fixed fees
• Know when costs accrue

Managing Costs

• Do as much preparation yourself as possible
• Be organized and efficient
• Respond promptly to requests
• Attend meetings prepared
• Limit unnecessary correspondence
• Consider settling to avoid hearing costs
• Use solicitor strategically not continuously

Key Takeaways

Good News

• No tribunal fees to pay
• Usually don't pay employer's costs
• Self-representation is viable
• Free help available
• No win no fee options exist

Reality Check

• Legal representation is expensive
• May cost more than you'll win
• Self-representation takes time and courage
• Settlement often most cost-effective
• Weigh costs against likely benefit

Making It Work

• Use free consultations
• Get realistic advice on merits
• Consider self-representation seriously
• Use solicitor strategically
• Negotiate costs
• Settle where appropriate

The tribunal system is accessible without lawyers, but getting initial advice on merits and chances of success is always worthwhile - many solicitors offer this for free.