No tribunal fees
Between 2013 and 2017, claimants had to pay an issue fee (£160 or £250) and a hearing fee (£230 or £950) to bring a tribunal claim. The Supreme Court declared the fees regime unlawful in R (UNISON) v Lord Chancellor [2017] UKSC 51, finding that fees of that level put the right of access to justice out of practical reach for many workers. The fees were quashed and have not been reinstated.
The government has consulted on a modest re- introduction (a flat £55 issue fee) but no fee is currently in force. Filing an ET1, lodging a counterclaim, applying for written reasons or appealing within the tribunal’s own procedures are free.
The Employment Appeal Tribunal also has no fee. Court of Appeal fees apply if a case reaches that level, but at that stage the claimant is usually legally represented.
Legal costs
The biggest practical cost is legal representation. A specialist employment-law solicitor typically charges:
- Initial consultation: £100 to £300, often fixed-fee or free for an initial telephone triage.
- Hourly rates: £200 to £400 in most regions; £400 to £700 in central London for senior counsel.
- Straightforward unfair dismissal: £5,000 to £15,000 from ACAS notification through to a one-day hearing.
- Discrimination claim: £15,000 to £50,000 for a single-issue case; £30,000 to £100,000+ for a multi-issue case.
- Constructive dismissal: £10,000 to £30,000 for a typical case.
Costs vary significantly with the claim’s complexity, the number of witnesses, the volume of documents, and whether settlement is reached early. The figures above are realistic ranges for ACAS conciliation through to a final hearing.
Representation options
The choice of representative matters as much as the fee. Six routes commonly used:
Self-representation. The tribunal is designed to be navigable without a lawyer. Free guidance from ACAS, GOV.UK and Citizens Advice covers the procedural side. Self-representation works best for clear-cut claims with a tight factual record.
Trade union representation. Free for members in qualifying claims. Quality varies by union and region. The union will assess merits first; weak cases are declined.
Citizens Advice or a Law Centre. Free, means-tested or general. Capacity is limited; waiting times for an appointment can be weeks. Best for advice and ET1 drafting; representation at the hearing is harder to secure.
Pro bono / FRU. The Free Representation Unit and Advocate (the pro bono coordinating charity) provide free representation for some cases. Eligibility depends on means and merit. Lead times are usually long.
No-win-no-fee solicitor. Some specialist firms take strong cases on a contingency fee basis, typically taking 25% to 40% of any tribunal award or settlement. The percentage and the precise terms vary; read the conditional fee agreement carefully.
Paid representation. Engaging a solicitor on a standard hourly basis, with the option of a barrister for the hearing. The most expensive route but the most flexibility.
Legal expenses insurance
Some home insurance and union policies include legal expenses cover that extends to employment tribunal representation. Check your policy for relevant cover before instructing a solicitor privately. The cover usually requires the insurer to be notified before substantial costs are incurred and to agree the chosen solicitor.
After-the-event insurance covering adverse costs is available for some tribunal cases, but the small probability of a costs order against the claimant means premiums are often disproportionate. Most employment-law solicitors will tell you whether ATE insurance is worth it for your case.
Cost orders at tribunal
The tribunal’s power to make a costs order is in Rule 76 of the Employment Tribunal Procedure Rules 2013. A costs order can be made against either side where:
- A party or their representative has acted vexatiously, abusively, disruptively or otherwise unreasonably in bringing, defending or conducting the proceedings.
- A claim or response had no reasonable prospect of success.
- A party has been in breach of a tribunal order or practice direction.
- A postponement or adjournment is granted because of a party’s conduct.
- A party has rejected a reasonable Calderbank- style offer that they have failed to beat at trial (in limited circumstances).
When a costs order is made, the tribunal can order up to £20,000 directly, or refer the matter to the county court for detailed assessment of higher sums. In practice the order is usually a fraction of the actual legal cost.
The statistics show how rare cost orders are. They are made in around 1% of cases that reach a full hearing. They are almost never made in self-represented claimant cases unless the conduct has been clearly unreasonable.
Deposit orders
A separate procedural risk is a deposit order. The tribunal can require a party to pay a deposit of up to £1,000 to continue with a claim or argument that has little reasonable prospect of success. The deposit is forfeited if the relevant claim or argument fails at the final hearing.
Deposit orders are more common than costs orders but still relatively rare. They serve as a warning shot from the tribunal: pursue the point if you want, but you are putting money at risk.
Practical risk management
Two practical steps reduce the cost risk significantly. First, take a fixed-fee initial consultation with a specialist before incurring substantial costs. The consultation will assess the strength of the case, the realistic value, and the likely costs. Discounted strong cases can often be run on no-win-no-fee terms.
Second, engage seriously with ACAS early conciliation. A settlement at conciliation avoids the bulk of the legal cost. Even where settlement fails, the conversation usually frames the eventual figures and reduces the cost of a subsequent tribunal hearing.
For modelling the financial side, the settlement agreement calculator shows the gross value of a structured deal. The can I afford to quit calculator tells you whether you can fund the gap between dismissal and resolution. The redundancy runway calculator shows how long any lump sum will last.
Useful calculators
- Can I afford to quit calculator
- Settlement agreement calculator
- Redundancy runway calculator
- Emergency fund calculator
Related reading
- Employment tribunal UK (pillar)
- Employment tribunal timeline
- Employment tribunal compensation
- ACAS early conciliation
- Employment law resources
Frequently asked questions
- Are there tribunal fees in the UK?
- No. Tribunal fees were quashed by the Supreme Court in R (UNISON) v Lord Chancellor [2017] UKSC 51 and have not been reinstated. Bringing an ET1 is free at the point of access. Lodging a counterclaim, requesting written reasons, applying for review and most other procedural steps are also free.
- How much does a solicitor cost for a tribunal claim?
- A specialist employment-law solicitor typically charges between £200 and £400 per hour. A straightforward unfair dismissal claim through to a one-day hearing can cost £5,000 to £15,000 in legal fees. A multi-issue discrimination case can run to £30,000 to £100,000 or more. Many firms offer fixed-fee initial consultations, and some take strong cases on a no-win-no-fee basis.
- Can the tribunal order me to pay the employer's costs if I lose?
- Only in narrow circumstances. The tribunal can make a costs order under Rule 76 of the 2013 Procedure Rules where the paying party or their representative has acted vexatiously, abusively, disruptively or otherwise unreasonably, or where the claim or response had no reasonable prospect of success. The default position is no costs order. Even when one is made, it is usually capped or limited to identified periods.
- What is the financial risk if I lose?
- Three components. First, your own legal fees if you instructed a solicitor (lost). Second, time off work for hearings (unpaid in most cases). Third, the small possibility of a costs order against you (rare). For most claimants, the financial cost of an unsuccessful claim is the legal fees plus the unpaid time, not a separate award against them.
General information about tribunal costs, not legal or financial advice. Solicitor fees vary widely; get a written quote before instructing. For your specific situation, contact ACAS or an employment-law solicitor.