Solicitor vs Barrister for an Employment Tribunal: Fees and Funding Explained

Do I need a solicitor or a barrister for an employment tribunal — and what does each cost?

Most people use a solicitor to run their employment tribunal claim, and a barrister is usually brought in for advocacy at the final hearing. A solicitor manages the case from start to finish — advice, evidence, correspondence, negotiation and settlement. A barrister is a specialist advocate instructed for their courtroom skills and, often, an independent opinion on your prospects.

Costs depend on how the work is charged rather than simply on the job title. Solicitors typically charge an hourly rate, a fixed fee for a defined stage, or work under a no-win-no-fee arrangement. Barristers usually charge a brief fee for preparing and presenting the hearing, plus refresher fees for each additional hearing day. This guide explains who does what, how each is charged, what drives the total, and the funding options that can make a claim affordable.

This is general information, not a fee quote or legal advice. Costs vary widely with the complexity of the claim and the seniority of the lawyer. For a tailored estimate, contact our employment team.

Solicitor vs barrister: who does what?

| Role | What they typically do | When they get involved | |------|------------------------|------------------------| | Solicitor | Advises on prospects, gathers and organises evidence, handles ACAS conciliation and correspondence, drafts documents, negotiates settlement, and manages the whole case | From the start, throughout | | Barrister | Provides specialist advocacy at hearings, drafts complex documents, and gives an independent opinion on merits or tactics | Usually closer to, or at, the final hearing |

In many employment claims a solicitor can handle everything, including advocacy at preliminary hearings, and only instructs a barrister for the final hearing or where a specialist opinion adds value. In simpler claims you may not need a barrister at all.

Direct access barristers

You can sometimes instruct a barrister directly, without a solicitor, through the Public Access ("direct access") scheme. This can reduce cost for a confident, well-organised claimant who mainly needs advocacy and can manage the case papers themselves. The trade-off is that the barrister generally will not conduct the day-to-day case management, correspondence and evidence-gathering that a solicitor handles — so it suits some claims and not others. If your case is document-heavy or you would struggle to run it yourself, the solicitor-led route usually works better.

How solicitors charge for employment tribunal work

Solicitors' fees are structured in a few common ways, and understanding them helps you compare quotes:

Hourly rate. You pay for the time spent. Rates vary by location and seniority; London and specialist rates sit at the higher end. Hourly billing is flexible but the total is harder to predict.
Fixed fee. A set price for a defined piece of work — for example, initial advice, drafting the claim form (ET1), or preparing for a hearing. Fixed fees give certainty and are common for discrete stages.
Staged fees. The claim is broken into phases, each with its own fixed or capped fee, so you can decide at each stage whether to continue. This is a popular middle ground between certainty and flexibility.
No-win-no-fee. Discussed in detail below.

Because a tribunal claim can run for months, many firms combine these — for example, fixed fees for early stages and an hourly or staged basis thereafter.

How barristers charge: brief fees and refreshers

Barristers price their work differently from solicitors:

Brief fee. A single fee covering preparation for the hearing and the first day of advocacy. It reflects the barrister's seniority, the complexity of the case and the length of the hearing.
Refresher fees. A daily fee for each hearing day after the first. A three-day hearing, for example, means a brief fee plus two refreshers.
Advisory and drafting work. Barristers can also be instructed for a written opinion on merits, or to draft complex documents, charged as a separate fee.

Because the brief fee is tied to the hearing, barrister costs tend to fall late in the case — which is one reason many claims settle before the hearing, avoiding the brief fee altogether.

What a tribunal claim can cost: an illustrative breakdown

Every claim is different, and the figures below are illustrative ranges only, not a quote — a straightforward claim that settles early costs a fraction of a complex, multi-day discrimination hearing:

Initial advice and prospects assessment — often a fixed fee for a first consultation and review of your documents.
ACAS early conciliation and claim drafting — preparing and submitting the ET1, and engaging in early conciliation.
Case management and evidence — the largest variable, driven by the volume of documents, witnesses and interim hearings. This is where organised evidence saves money (see our employment tribunal evidence checklist).
Final hearing — solicitor preparation plus, where used, a barrister's brief fee and refreshers.

The total is driven far more by complexity and duration than by whether a barrister is involved. A one-day unfair dismissal hearing and a five-day discrimination claim with numerous witnesses sit at completely different ends of the scale.

Cost stages mapped to the claim lifecycle

It helps to see where money is actually spent across the life of a claim:

Pre-claim advice. Assessing prospects and options — often the most valuable spend, because it can steer you away from a weak claim or towards an early settlement.
ACAS early conciliation. Mandatory before most claims; relatively low cost and a genuine chance to resolve matters without a hearing.
Issuing the claim (ET1) and response (ET3). Drafting and filing.
Case management and disclosure. Exchanging documents, preparing the bundle, and dealing with any preliminary hearings — typically the longest phase.
Witness statements. Drafting and exchanging statements.
Final hearing. The most intensive phase, and where a barrister's brief fee usually falls.
Remedy. If you win, working out compensation.

The earlier a case resolves, the fewer of these stages you pay for — which is why settlement economics matter so much (see below).

No-win-no-fee: CFAs and DBAs explained

"No-win-no-fee" is an umbrella term for two different arrangements:

Conditional Fee Agreement (CFA). You pay little or nothing if you lose. If you win, you pay the agreed fees, often with a "success fee" uplift. The uplift is a percentage of the base costs and is capped.
Damages-Based Agreement (DBA). Your lawyer's fee is a percentage of the compensation you recover, payable only if you win. In employment tribunal claims the recoverable percentage is capped by regulation.

Not every claim is suitable for no-win-no-fee — firms assess the merits and value before offering it, because they carry the risk. A strong, well-evidenced claim is far more likely to attract such an arrangement, which is another reason to get your evidence in order early.

Other ways to fund an employment tribunal claim

Beyond hourly, fixed and no-win-no-fee arrangements, consider:

Legal expenses insurance. Check your home insurance, car insurance, packaged bank account or credit-card benefits — many include legal expenses cover that can fund employment disputes. This is one of the most overlooked funding routes.
Trade union support. If you are a union member, your union may fund or provide representation for eligible claims.
Employer contribution via settlement. Where a dispute settles by agreement, the employer will often contribute to your legal costs as part of the deal. Our settlement agreement timeline guide explains how those contributions work and how the payment is usually structured and taxed.
Fixed-fee packages. For defined stages, giving you cost certainty.

A good first step is to check any insurance you already hold before committing to a funding route — you may be covered without realising it.

Does the loser pay costs in an employment tribunal?

This is where employment tribunals differ sharply from the ordinary civil courts. In most tribunal cases each side bears its own legal costs, win or lose. Costs orders — where one party is ordered to pay the other's costs — are the exception, not the rule, and are generally reserved for situations such as where a party has behaved unreasonably or brought a claim with no reasonable prospect of success.

Two related mechanisms are worth knowing:

Deposit orders. A tribunal may order a party to pay a deposit (up to a statutory maximum) as a condition of continuing with a specific allegation that has little reasonable prospect of success.
Wasted costs orders. These target a representative's improper or negligent conduct, rather than the party.

The practical effect is important for budgeting: winning does not normally mean your opponent pays your legal bill, so the cost of running the claim is a real factor in deciding whether to litigate or settle.

It is also worth remembering that it is currently free to file an employment tribunal claim — the fee was abolished in 2017 and has not been reintroduced as of July 2026. Your costs are for advice and representation, not for lodging the claim itself.

Settlement as a cost-control strategy

Because each side usually pays its own costs and the biggest expenses fall at the hearing stage, settling early is frequently the most cost-effective outcome — for both sides. A settlement:

avoids the barrister's brief fee and refreshers;
removes the risk and stress of a contested hearing;
often includes an employer contribution to your legal fees; and
delivers a faster, certain result.

This is why experienced employment lawyers assess settlement prospects at every stage. If you receive an offer, weigh it against the cost and risk of continuing — our settlement agreement timeline guide sets out how the process works, and our evidence checklist helps you judge how strong your position really is.

How to keep your legal costs down

You have more control over cost than you might think:

Get advice early. A clear view of your prospects prevents money being spent on a weak claim.
Organise your evidence yourself. Well-ordered, dated documents save chargeable time. Use our evidence checklist.
Be responsive. Prompt replies to your solicitor avoid duplicated work and missed deadlines.
Use fixed or staged fees where they are available, so you always know the next step's cost.
Check existing insurance and union cover before agreeing any funding.
Take settlement seriously at each stage rather than pressing to a hearing on principle.

Two cost scenarios compared

Scenario A — early settlement. A solicitor advises on prospects, engages in ACAS conciliation, and negotiates a settlement within a few weeks. No barrister is instructed and no hearing takes place. Costs are relatively modest and may be partly covered by an employer contribution. This is the most common outcome.

Scenario B — a contested final hearing. The claim proceeds through disclosure, witness statements and a multi-day hearing, with a barrister instructed on a brief fee plus refreshers. Costs are substantially higher, reflecting the preparation and advocacy involved — and, because each side usually pays its own costs, winning does not necessarily recover them.

Most claimants sit somewhere between the two, which is why staged advice and a realistic view of settlement matter so much.

What drives the cost of a claim?

Two claims of the same "type" can cost very differently. The main drivers are:

Complexity of the legal issues. A single unfair dismissal point is cheaper to run than a claim combining dismissal, discrimination and whistleblowing.
Volume of documents. Disclosure and bundle preparation scale with the paperwork, so a heavily documented case costs more.
Number of witnesses. More witnesses means more statements to draft and more hearing time.
Length of the hearing. Hearing days drive both solicitor preparation and barrister refresher fees.
The other side's conduct. An uncooperative opponent who misses deadlines or disputes everything increases the work.
Seniority of the lawyers. More experienced solicitors and barristers charge more, but can sometimes resolve issues faster.

Because so much of the cost is driven by document volume and hearing length, the two things most within your control — organising your evidence and settling where sensible — are also the two biggest cost savers. Our evidence checklist is the place to start.

Can I represent myself instead?

Employment tribunals were designed to be more accessible than the ordinary courts, and some claimants do represent themselves as a litigant in person. It removes legal fees, but there are real trade-offs:

You take on all the case management, drafting and advocacy yourself.
You are held to the tribunal's rules and deadlines just as a lawyer would be.
You face an employer that is often professionally represented.

A middle path is "unbundled" support — instructing a solicitor for specific tasks (advice on prospects, drafting the ET1, or preparing witness statements) while running the rest yourself. This can keep costs down while giving you professional input at the moments that matter most. If you go this route, get an early view on prospects so you are not investing effort in a claim that is unlikely to succeed.

When is a barrister worth the brief fee?

A barrister's brief fee is a significant, late-stage cost, so it is worth knowing when it earns its keep:

At a contested final hearing, where skilled advocacy and cross-examination can materially affect the outcome.
In legally complex claims, such as discrimination cases involving fine distinctions or novel points.
For an independent opinion on merits, where a fresh specialist view helps you decide whether to settle or fight.

In a straightforward claim that settles, or one resolved at a short preliminary hearing, you may never need a barrister — which is why many claims conclude without one.

Frequently asked questions

Do I need a barrister for an employment tribunal?

Not always. A solicitor can run most claims and handle advocacy at preliminary hearings. A barrister is usually instructed for the final hearing or where specialist advocacy or an independent opinion adds value. Simpler claims may not need one at all.

Is it cheaper to use a barrister directly?

It can be, through the Public Access scheme, if you are confident managing the case papers yourself. But a direct-access barrister generally will not handle the day-to-day case management and correspondence a solicitor provides, so it suits some claims more than others.

How much does an employment tribunal claim cost?

It varies widely with complexity and duration. An early settlement costs far less than a multi-day contested hearing. Ask for a fixed or staged fee where possible so you have cost certainty, and check any legal expenses insurance you hold.

Is it free to bring an employment tribunal claim?

Yes — tribunal fees were abolished in 2017 and have not been reintroduced. It is currently free to file a claim; your costs are for legal advice and representation, and you must complete ACAS early conciliation first.

Will my employer pay my legal costs if I win?

Usually not. Unlike the civil courts, employment tribunals normally leave each side to pay its own costs. Costs orders are the exception, reserved mainly for unreasonable conduct or hopeless claims.

What is a brief fee?

A brief fee is the barrister's fee for preparing and presenting the first day of a hearing. Additional hearing days are charged as daily "refresher" fees.

Can I get no-win-no-fee representation?

Sometimes. Firms offer Conditional Fee Agreements or Damages-Based Agreements for claims with strong prospects and sufficient value, because they carry the risk. Getting your evidence in order improves your chances of being offered one.

Should I settle instead of going to a hearing?

Often, yes — settlement avoids the largest costs and the risk of a contested hearing. Weigh any offer against your prospects and the cost of continuing. See our settlement agreement timeline guide.

Can I use my home insurance to pay for an employment claim?

Possibly. Many home insurance policies, packaged bank accounts and credit cards include legal expenses cover that can fund employment disputes. Check the policy wording or ask the insurer before agreeing any other funding arrangement — it is one of the most commonly overlooked options.

What happens to costs if my case settles before the hearing?

Settlement usually keeps costs lower because the most expensive stages — final preparation and the hearing itself, including any barrister's brief fee — are avoided. Settlements also frequently include an employer contribution towards your legal fees, which is negotiated as part of the deal.

How do I compare fee quotes from different firms?

Look beyond the headline number. Ask what work each fee covers, whether it is fixed, staged or hourly, what happens if the case runs longer than expected, and whether disbursements such as a barrister's brief fee are included or extra. A slightly higher fixed fee that covers a whole stage can be better value — and easier to budget for — than an open-ended hourly rate. It is also worth asking, at each stage, what the realistic settlement prospects are, since resolving early is usually the biggest saving of all.

Related guides

Settlement Agreement Timeline — how settlement works, how long it takes, and how employer legal-fee contributions are handled.
Employment Tribunal Evidence Checklist — organised evidence is the single biggest way to control legal costs.
Unfair Dismissal and Discrimination & Harassment — the claims these fees most often relate to.
Employment Law overview — the full range of Deen & Co's employment services.

Talk to an employment solicitor in Canary Wharf

Deen & Co advises employees and employers on employment tribunal claims from our office at 40 Bank Street, Canary Wharf, London. We can assess your prospects, explain your funding options clearly, and tell you whether — and when — a barrister is worth instructing. Learn more about the firm or get in touch below.

Request a costs and funding consultation →

Last reviewed: July 2026. Fee structures and the rules on tribunal costs and funding change over time; this guide reflects the position in England and Wales at the date of review and is general information only, not legal or costs advice.

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