Employment Tribunal Services for Employers
Strategic employment law support to help employers assess risk, defend Employment Tribunal claims and pursue the most effective commercial outcome.
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Receiving an Employment Tribunal claim can create significant legal, financial and management pressure for an employer. Early advice can help you understand the strength of the claim, preserve important evidence, meet strict procedural deadlines and decide whether the most appropriate strategy is to defend the proceedings or explore settlement.
DTM Legal advises employers on Employment Tribunal claims involving unfair and wrongful dismissal, discrimination, whistleblowing, wages, holiday pay, employment status and other workplace disputes. We can support you from Acas Early Conciliation and the initial assessment of a potential claim through to the preparation of an ET3 response, preliminary hearings and the final hearing.
Our Employment & HR solicitors focus on both the legal merits and the wider commercial implications of the dispute. We help employers make informed decisions about risk, costs, management time and settlement throughout the case, coordinating with specialist Counsel for hearings where appropriate.
Employment Tribunal Legal Services
We provide practical support throughout the Employment Tribunal process, including:
- Advising on potential Employment Tribunal claims before proceedings begin
- Acas Early Conciliation
- Assessing the merits, risks and potential value of claims
- Reviewing ET1 claim forms
- Preparing and submitting ET3 responses
- Unfair dismissal claims
- Wrongful dismissal claims
- Discrimination, harassment and victimisation claims
- Whistleblowing and automatic unfair dismissal claims
- Wage, holiday pay and unlawful deduction claims
- Employment status disputes
- Breach of contract claims
- Preliminary hearings and case management
- Applications to amend claims or provide further information
- Strike-out and deposit order applications
- Reviewing schedules of loss
- Disclosure and preparation of documents
- Preparing hearing bundles
- Drafting and reviewing witness statements
- Preparing lists of issues and chronologies
- Settlement negotiations throughout proceedings
- Acas conciliation and COT3 agreements
- Preparing settlement agreements where appropriate
- Final hearing preparation
- Coordinating with and instructing Counsel
- Advice following judgment and on enforcement where required
Why Instruct DTM Legal?
Employment Tribunal claims require employers to balance legal risk with the cost, management time and disruption involved in defending proceedings. Our Employment & HR team provides an early assessment of the claim so that you understand the strengths and weaknesses of your position and can make informed decisions about strategy.
We manage the procedural requirements of the case, helping you identify relevant evidence, prepare witnesses and comply with Tribunal orders and deadlines. At the same time, we keep opportunities for commercial settlement under review rather than assuming every claim needs to proceed to a final hearing.
Where a hearing is required, we work with you and specialist Counsel to prepare the strongest possible defence. Our advice remains practical and commercially focused throughout, with clear communication on costs, risk and the likely next steps.
We provide:
- Early and realistic assessment of Employment Tribunal claims
- Practical advice on risk, costs and potential compensation
- Clear management of Tribunal deadlines and case preparation
- Strategic support with Acas conciliation and settlement
- Assistance with evidence, disclosure and witness preparation
- Coordination with specialist Counsel where appropriate
- Representation and support throughout the Tribunal process
Employment Tribunal Costs
The figures below are DTM Legal’s typical legal fees for unfair or wrongful dismissal cases. More complex matters may involve additional work and costs.
Typical Legal Fees
| Complexity | Typical Legal Fees |
|---|---|
| Simple | £5,000 to £10,000 + VAT |
| Medium | £10,000 to £15,000 + VAT |
| High | £15,000 to £25,000 + VAT |
The complexity and overall cost of a case may increase where the proceedings involve:
- Applications to amend claims or requests for further information
- Complex preliminary issues
- Strike-out, deposit order or costs applications
- Higher volumes of documents
- Multiple witnesses
- Automatic unfair dismissal claims, including whistleblowing matters
- Discrimination allegations linked to dismissal
Hourly Rates
Where work is charged by reference to time spent, our published hourly rates are:
| Fee Earner | Hourly Rate |
| Partner | £375 to £400 + VAT |
| Senior Associate | £350 to £375 + VAT |
| Solicitor / Chartered Legal Executive | £275 to £300 + VAT |
Counsel’s Fees and Disbursements
You may also need to pay Counsel’s fees where a barrister is instructed for a hearing.
For a one-day unfair or wrongful dismissal hearing, an estimated Counsel fee is £2,500 to £3,500 + VAT.
The actual cost may vary depending on factors including Counsel’s seniority, the complexity of the case and the volume of documents involved.
VAT
VAT is charged on our legal fees and on Counsel’s fees where applicable.
We will discuss the likely scope and cost of the work with you and provide a tailored estimate based on the circumstances of your case.
Get in Touch
Whether you have received an Employment Tribunal claim, been contacted through Acas Early Conciliation or believe a workplace dispute may lead to proceedings, our Employment & HR team can help you assess the risks and develop an effective strategy.
To discuss your requirements, contact us by emailing employment@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.
Request a Consultation
Gathering the relevant information quickly can help your solicitor assess the claim, protect your position and ensure important Tribunal deadlines are met. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
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Frequently Asked Questions
Commonly asked questions regarding managing employment tribunal claims as an employer.
- What should an employer do after receiving an Employment Tribunal claim?
- Can an Employment Tribunal claim be settled after proceedings have started?
- How long does an Employment Tribunal case take?
- What happens before the final Employment Tribunal hearing?
- Does the losing party have to pay the other side’s Employment Tribunal legal costs?
Check the deadline for responding and seek legal advice promptly. The employer will usually have 28 days from the date the Tribunal sent the ET1 claim to submit an ET3 response. Failing to respond within the deadline can result in the Tribunal deciding the claim without a defence having been accepted.
You should also preserve relevant documents, identify the people involved and avoid deleting emails or other records connected with the dispute. Early preparation gives your legal team more time to assess the allegations and prepare the response.
Yes. Settlement discussions can continue throughout Employment Tribunal proceedings, including through Acas conciliation. If an agreement is reached through Acas, the terms can be recorded in a legally binding COT3 agreement and the Tribunal proceedings will not need to continue to judgment.
The appropriate settlement strategy will depend on the strength of the claim, potential compensation, legal costs and wider commercial considerations. Employers can continue defending a claim while remaining open to an appropriate negotiated outcome.
Timescales depend on the complexity of the claim, Tribunal availability, the number of preliminary issues and whether the parties reach a settlement before the final hearing.
Our current published guidance notes that cases often run for a minimum of 12 months and are likely to take considerably longer in many circumstances. More complex discrimination, whistleblowing or multi-day cases may require additional preliminary hearings and preparation.
Once the ET3 response has been accepted, the Tribunal may arrange a preliminary hearing and issue case management orders setting out how the parties must prepare.
The process can involve clarifying the legal issues, exchanging relevant documents, preparing a hearing bundle, producing witness statements and considering a schedule of loss. Both parties must comply with Tribunal orders and deadlines, and relevant documents generally need to be disclosed even where they do not assist that party’s case.
Unlike many civil court proceedings, Employment Tribunal costs do not automatically follow the outcome of the case. Each party will commonly bear its own legal costs.
However, the Tribunal has powers to make costs orders in particular circumstances, including cases involving unreasonable conduct or claims or responses with no reasonable prospect of success. The potential recoverability of costs should therefore not be assumed when deciding whether to defend or settle a claim.
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