We aim to provide our customers with a range of flexible pricing alternatives. These pricing frameworks can include the standard ‘pay as you go’ hourly rate model to fixed and capped fee structures.

Our standard hourly rates vary depending upon the volume of cases received and whether you are a subscription-based customer or not.

The following tables should provide you with a clear indicator as to likely prices.

Please do, however, call or email us to request a tailored and bespoke quote based on your specific circumstances.

Unfair and Wrongful Dismissal ET Case Management and Representation

ESP Law Fees

Our standard hourly rates are:
Subscription customers £155 to £195 plus VAT per hour, depending upon case volumes
Non-subscription customers £225 to £255 plus VAT per hour, depending upon case volumes

We have two service models that can apply to Employment Tribunal claims. These are "Standard" and "Complex" claims. The different service models reflects how we agree with you to manage and run your employment tribunal claim(s) and are designed around your specifications and needs.

Factors that could make a case more complex:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatically unfair dismissal claim e.g. if the Claimant was dismissed after blowing the whistle on the employer
  • Allegations of discrimination which are linked to the dismissal
Example capped fee structures for unfair dismissal claims under the Standard service model we can accommodate are:
Case with 1 day ET with no more than 3 witnesses (including the Claimant) Depending on the agreed hourly rate a £5K - £8K plus VAT capped price.
Case with 2 day ET with no more than 5 witnesses (including the Claimant) Depending on the agreed hourly rate a £7.5K - £11K plus VAT capped price.
Case with 3 day ET with no more than 7 witnesses (including the Claimant) Depending on the agreed hourly rate a £10K - £15K plus VAT capped price.
There will usually be a capped 'add-on' cost of £400 - £500 plus VAT for attendance at any telephone preliminary hearings (this is included in the capped fee).

The above prices do not include disbursements or barristers fees for attendance and representation at the hearing. Please see below for barristers fees (disbursements).

Unfair dismissal and wrongful dismissal claims that are conducted under the complex model have significantly varying costs, which again depend on the factors outlined above and hourly rates agreed between us - but could cost anywhere between £6,000 - £15,000 for a one day claim, £8,000 - £18,000 for a two day claim and £10,000 to £20,000 for a three day claim.

All fees shown are subject to VAT at 20%.

Disbursements for Unfair and Wrongful Dismissal Employment Tribunal Claims

Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.

The typical disbursements that are charged in unfair dismissal claims include:

  • Barristers fees
  • Expert witnesses
  • Courier costs
  • Travel costs and accommodation

We do not charge for photocopying, ring binders or other stationery.

Barristers Fees

It is difficult to provide a definitive guide to Barristers fees as all barristers are self-employed and chambers are free to set their own charging rates and fees. Different chambers can charge very different rates.

The rates outlined below are based on barrister fees we have been charged and/or quoted in respect of unfair dismissal claims. In addition very senior barristers tend to charge significantly more and QC fees in particular will be very high. The figures below are guidance only as ESP has no influence over the rates charged.

A "refresher" fee is an additional payment made per extra day of hearing. For example if the hearing is listed for 3 days you would pay the “brief fee” plus two “refresher” fees because there is more than one day.

Call 1 day 2 days Half day CMD
0 to 6 £500-£900 Brief Fee £1,000-£2,000
Refresher £650-£850
£500-£600 £500-£700
7 to 12 £1,000-£3,000 Brief Fee £1,650-£3,000
Refresher £1,000
£700-£900 £650-£1,000
13+ £1,500-£3,500 Brief Fee £2,000-£5,000
Refresher £1,250
£1,000 £850-£2,000

All fees shown are subject to VAT at 20%.

Key stages

The fees set out above cover all of the work in relation to the following key stages of a claim:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • Preparing claim or response
  • Reviewing and advising on claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing or considering a schedule of loss
  • Preparing for (and attending) a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing bundle of documents
  • Reviewing and advising on the other party's witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation of witnesses and drafting brief to counsel for attendance at final hearing

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 6-12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 35-78 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Insurance

Please note that you may have other funding options available, such as cover under an insurance policy. We will raise this with you in our first discussions. It is always wise to check if you have cover under your Employers Liability Policy or your Directors and Offices Insurance Policy (if you have this type of cover).

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