What does a barrister cost for an employment tribunal hearing?

Employment tribunal cases vary widely in scale and complexity. So do the fees you can expect to pay for barrister representation. Understanding what affects the cost helps you plan and choose the right level of representation for your case.

This guide explains the typical fees a direct access barrister will charge for the main types of employment tribunal hearing.

The main types of tribunal hearing

Most employment tribunal cases involve some or all of the following hearings:

Preliminary hearings

Procedural hearings before the substantive case. These deal with issues such as jurisdiction, time limits, the scope of the claim and case management. Most preliminary hearings are listed for one to three hours.

Open preliminary hearings

Where the tribunal decides a substantive issue at the preliminary stage (for example, whether the claimant qualifies as an employee, or whether time should be extended for a late claim). These are listed for a half day or full day.

Final hearings (liability)

The main hearing at which the substantive merits of the claim are decided. Most are listed for one to five days, depending on complexity.

Remedy hearings

Where liability has been established and the tribunal needs to determine compensation. Usually listed for a half day or full day.

Costs hearings

Where one party applies for costs against the other. Usually listed for a half day.

Typical fee ranges

Preliminary hearing

£800 to £1,500 plus VAT for the hearing itself. Add £300 to £600 for preparation work including review of the file and a pre-hearing conference.

Open preliminary hearing

£1,500 to £3,000 plus VAT for a half-day hearing. £2,500 to £5,000 plus VAT for a full-day hearing.

Final hearing (1 day)

Total fees including preparation, attendance and follow-up typically £1,250 to £2,500 plus VAT.

Final hearing (2-3 days)

Total fees typically £3,000 to £6,000 plus VAT.

Longer or more complex cases

Fees scale accordingly. Cases involving multiple claimants, expert evidence or specialist legal issues will typically be at the higher end or above.

Remedy hearing

Half-day remedy hearings typically from £1,300 plus VAT

What is included in the fee

A standard fixed fee for a tribunal hearing usually covers:

• Reading the pleadings (claim form, response, any orders)
• Reviewing the bundle
• Reading witness statements
• Pre-hearing conference with the client
• Travel to the tribunal
• Attendance at the hearing
• Cross-examination of the other side
• Examination of your own witnesses
• Closing submissions
• A brief post-hearing summary

What is usually not included

Common items charged separately:

Drafting documents

The claim form (ET1), the response (ET3), grounds of resistance, Schedule of Loss, requests for further information.

Skeleton arguments

For complex hearings or appeals, a skeleton argument may be needed. This is usually a separate fixed fee.

Witness statement drafting

Drafting the witness statements for your side. This is usually done by a solicitor or paralegal, but a direct access barrister can also do this work.

Schedule of Loss

For unfair dismissal and discrimination claims, the Schedule of Loss can be a substantial piece of work, particularly where pensions or future loss are significant.

Settlement negotiations

Detailed correspondence or round-table meetings to negotiate settlement.

Additional conferences

Beyond the standard pre-hearing conference, additional time is usually charged on a fixed-fee or hourly basis.

Factors that increase the fee

Case complexity

Multiple claims (unfair dismissal plus discrimination plus whistleblowing), complex legal issues, multiple respondents, or unusual factual matrices all increase the work needed.

Bundle size

Larger bundles take longer to absorb. A 2,000-page bundle for a 2-day hearing reflects more work than a 200-page bundle for the same hearing.

Number of witnesses

More witnesses, particularly on the other side, mean more cross-examination preparation.

Expert evidence

Where expert evidence is involved (psychiatric reports, employment consultants, pension actuaries), the case becomes more technical and takes longer.

Seniority of counsel

More senior barristers charge higher fees. For complex or high-value cases, senior counsel may be appropriate.

Geographic factors

Hearings outside London or major centres may attract travel time that adds to fees.

Factors that reduce the fee

Junior counsel

For most straightforward tribunal cases, junior counsel is appropriate and significantly less expensive.

Remote hearings

Hearings conducted by video link save travel time and are usually charged at a slightly lower rate.

Well-prepared bundle

A clean, indexed, paginated bundle takes much less time to absorb than a disorganised one.

Existing preparation

If you have already drafted witness statements, position summaries or other documents, the barrister can build on this rather than starting from scratch.

Direct access versus solicitor plus barrister

Many employment cases historically involved both a solicitor and a barrister. The solicitor would manage the case, draft documents and instruct the barrister for advocacy. The total cost was typically higher than direct access because both professionals charged for their time.

Direct access cuts out one layer of cost. For most employment tribunal cases, the direct access route delivers the same outcome at significantly lower total cost. For complex cases involving substantial document management or client account work, the solicitor route may still have advantages.

How payment usually works

Direct access barristers typically require payment in advance. A common arrangement is:

• An initial deposit on engagement (often 30 to 50% of the total)
• The balance before the hearing

For longer cases, payment may be staged. The detailed arrangements are set out in the engagement letter.

What if the case settles before the hearing?

Where a case settles before the hearing date, the barrister will have done preparation work but will not need to attend. Most arrangements provide for:

• Retention of fees for work already done
• Credit or refund of fees for the work no longer needed

The specific terms are set out in the engagement letter. Cancellation close to the hearing typically results in more of the fee being retained.

For HR consultants and employers

Many smaller employers use HR consultants rather than solicitors. For tribunal cases, the HR consultant may not have rights of audience. A direct access barrister is often the most efficient route. Our guide for HR consultants covers how this works in practice.

Choosing the right level of representation

Not every tribunal hearing requires barrister representation. Considerations include:

The financial stakes

For higher-value claims (typically anything over £20,000), professional representation usually pays for itself.

The legal complexity

Discrimination, whistleblowing and complex unfair dismissal claims often benefit from specialist input.

Your own experience

Litigants in person can succeed, but the process is demanding. Consider whether you have the time, capability and confidence.

The other side's representation

If the respondent has full legal representation, going in unrepresented puts you at a disadvantage.

The personal cost

Tribunal cases are stressful. The cost of representation needs to be balanced against the burden of running the case yourself.

Costs awards

Costs in employment tribunal cases work differently from the civil courts. The starting point is that each party bears their own costs. Costs orders are only made in limited circumstances, typically where one party has acted unreasonably.

This means that, even if you win, you usually cannot recover your costs from the respondent. This is an important factor in deciding how much to spend on representation.

Getting a quote

When asking for a quote, provide as much information as possible:

• The type of claim
• The hearing dates and length
• The tribunal location
• The number of witnesses
• The size of the bundle
• Any specific complexities
• Whether you need help with drafting

A detailed quote allows you to budget accurately and compare with other options.

When to take legal advice

For most tribunal claims, taking advice at least at the outset is worthwhile. Even if you handle some of the work yourself, having a clear picture of the issues, the law and the prospects helps you make better decisions.

A direct access barrister can provide initial advice, draft the key documents and represent you at the hearings on a fixed fee. Many of our matchings begin with a one-off conference at low cost so the client can decide what level of further involvement they want.

Speak to someone who handles cases like this

If you have a hearing coming up or want a clear view of your options, a direct access barrister can usually advise quickly and on a fixed fee. Contact our team with a brief outline of your case and we will arrange a quote.