Bringing or defending an employment tribunal claim costs nothing to file, but the employment tribunal costs that matter sit almost entirely with legal representation: roughly £5,000 to £10,000 plus VAT for a straightforward one-day case, £10,000 to £20,000 for something of moderate complexity, and £25,000 to £30,000 or more when a dispute stretches across a full week. Disbursements such as expert reports and hearing bundles add to the total, and in narrow circumstances the tribunal can order one side to pay the other’s costs.
What You Pay the Tribunal
There is no fee to submit an ET1 claim form or to attend a hearing.1GOV.UK. Make a Claim to an Employment Tribunal A proposal to reintroduce a flat £55 fee was consulted on in early 2024 but has not been implemented.2GOV.UK. Proposal for Reform: Introducing Fees in the Employment Tribunals and the Employment Appeal Tribunal
Before you can lodge a claim, you must notify ACAS. Early conciliation is free to both sides and, if it produces a settlement, avoids the cost of the hearing entirely.3Acas. Early Conciliation
Solicitor Fees
Solicitors do the bulk of case preparation: drafting the claim, reviewing disclosure, taking witness statements, and handling correspondence with the other side. Hourly rates depend on seniority and location. The government’s guideline hourly rates, used for costs assessment, run from around £140 for a trainee or paralegal to nearly £580 for a senior solicitor in central London.4GOV.UK. href=”https://www.gov.uk/guidance/solicitors-guideline-hourly-rates” target=”_blank” rel=”noopener”>Solicitors Guideline Hourly Rates Private client rates typically sit somewhere between £200 and £400 an hour.
What that translates into depends on the kind of dispute. A straightforward unfair dismissal claim heading for a one-day hearing might run up £3,000 to £7,000 in solicitor time. A discrimination case with extensive disclosure, multiple preliminary hearings, and a week-long final hearing can easily reach £15,000 to £25,000 before a barrister is instructed. Many firms offer fixed-fee packages for defined stages, such as reviewing the merits or drafting the claim, which help you cap spending at each milestone.
You are not required to hire a solicitor. Many claimants represent themselves, and for a simple unpaid-wages claim that can work. For anything more complex, professional help materially improves your prospects.
Barrister Fees
Barristers are usually brought in for advocacy at the final hearing, though some are instructed earlier on complex preliminary issues. They charge a brief fee that covers preparation and the first day of the hearing, then a daily refresher for each additional day.
A junior barrister on a standard case typically charges a brief fee of around £1,500 with refreshers of about £1,000 per day. Senior barristers on high-value or multi-claimant discrimination cases charge brief fees of £3,000 or more, with refreshers of £1,500 per day. VAT at 20% applies on top.
Combining solicitor and barrister costs, a claim that settles or resolves in a one-day hearing usually falls between £5,000 and £10,000 plus VAT. One to two days of moderate complexity comes in at £10,000 to £20,000. Complex multi-day hearings regularly push past £25,000 to £30,000. Those numbers are the reason early settlement is so common; a full hearing only makes economic sense when the compensation at stake is significant.
Disbursements
On top of legal fees, both sides pay disbursements. They are easy to underestimate and add up quickly in document-heavy or expert-dependent cases.
- Hearing bundles. The tribunal requires an indexed bundle of the relevant documents. In a discrimination claim with years of email evidence, the bundle can run to hundreds of pages, and you often need multiple copies for the judge, each party, and witnesses. Expect a few hundred pounds for a large bundle.
- Travel and witness expenses. You and your witnesses need to reach the hearing venue, which may not be local. If a witness misses work to give evidence, the party calling them often covers their lost earnings for the day.
- Expert reports. Disability discrimination and personal injury claims frequently need a medical or occupational health expert. A detailed consultant’s report can cost £1,000 to £5,000, with a separate attendance fee if the expert has to give oral evidence.
- Counsel’s written advice on the merits. A short written opinion from a barrister before you commit to a full hearing typically costs a few hundred pounds and can save far more by weeding out weak claims early.
Could You Be Ordered To Pay the Other Side’s Costs
Employment tribunals do not follow the “loser pays” rule that governs most civil litigation. Each side normally bears its own costs whatever the outcome. Losing a claim does not, by itself, mean reimbursing your employer’s legal spend.
The tribunal can make a costs order where a party or their representative has acted vexatiously, abusively, disruptively, or otherwise unreasonably in bringing or conducting the proceedings, or where a claim or response had no reasonable prospect of success. The threshold is deliberately high. Where a costs order is made without a detailed assessment, the maximum is £20,000; above that figure, the tribunal can refer the matter for detailed assessment, where the cap does not apply.5Legislation.gov.uk. The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 – Costs Orders, Preparation Time Orders and Wasted Costs Orders In practice most costs orders fall well below £20,000.
If you are representing yourself and the other side behaved unreasonably, the tribunal can make a preparation time order instead, compensating you for the hours you spent preparing at a fixed hourly rate of £46. The rate is updated annually.
Where a legal representative’s own conduct causes unnecessary expense, the tribunal can make a wasted costs order against that representative personally rather than the client. The conduct must be improper, unreasonable, or negligent, and these orders are rare.
Ways To Fund a Claim
Several funding routes reduce or eliminate upfront spending. Each has trade-offs.
Damages-Based Agreements
A damages-based agreement, commonly called “no win, no fee,” means your solicitor is paid nothing if you lose and takes a percentage of your compensation if you win. For employment cases the law caps that percentage at 35% of the sum recovered, including VAT.6Legislation.gov.uk. The Damages-Based Agreements Regulations 2013 Solicitors are selective about which cases they take on this basis; your claim needs strong prospects and a realistic chance of recovering enough money to justify the firm’s risk.
Legal Expenses Insurance
Many people already have legal expenses insurance bundled into home insurance, motor insurance, or a bank account. Policies covering employment disputes typically provide £25,000 to £50,000 towards legal costs. The insurer usually requires your claim to have reasonable prospects of success, and the policy must have been in place before the dispute arose. Check any existing cover before paying a solicitor out of pocket.
Trade Union Membership
If you belong to a trade union, membership will likely include free legal advice and representation for tribunal claims. Unions generally fund the whole case, including solicitor, barrister, and disbursements, and you keep 100% of any compensation. Joining after a dispute has already begun usually will not qualify you for support.
Legal Aid
Legal aid covers employment disputes only where the claim involves discrimination. Unfair dismissal, redundancy pay, and unpaid wages are excluded.7GOV.UK. What You Can Get Legal Aid For For discrimination claims you must pass both a merits test and a means test. Gross monthly household income cannot exceed £2,657, disposable monthly income after housing and essential costs must be no more than £733, and savings must be below £8,000. Savings above £3,000 usually mean a contribution towards your legal costs even if you qualify.8GOV.UK. Civil Legal Aid – Means Testing