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New employment tribunal fees announced

Stuart Swan
6th Jun 2013

Earlier today we recieved information about new employment tribunal fees which will be introduced on 29 July 2013, subject to the necessary Parliamentary approvals,

 

HM Courts and Tribunal Services have confirmed. The government hopes that the new fee structure will lessen the burden on the tax payer of the tribunal service and encourage earlier dispute resolution between employers and employees. In practical terms, the measure is likely to be effective in reducing the number of employment tribunal claims.

 

The new fee structure will only apply to tribunal claims raised on or after 29 July 2013. All claims before that date will remain unaffected.

 

Firstly, a claimant will be required to pay an issue fee at the issue of their claim. Secondly, if the claim proceeds to a full hearing, the claimant will be required to pay a hearing fee around four to six weeks before the hearing date.

 

Tribunal judges will have the power to order the unsuccessful party to reimburse the fees paid by the successful party, although this will not be done automatically and will be at the judge’s discretion.

 

In respect of single claimant claims, the level of the fee will depend on the type of claim as follows:

 

Level 1 claims comprise more straightforward and lower value claims, generally for sums due on termination of employment (such as unpaid wages, redundancy payments and payments in lieu of notice).

Level 2 claims comprise all other claims, including unfair dismissal, discrimination, equal pay and whistleblowing claims.

 

The fees for single claimant claims are as follows:

 

Fee type

Level 1 claims

Level 2 claims

Issue fee

£160

£250

Hearing fee

£250

£950

 

There is a more complex fee structure for multiple claims.

 

In addition, the Government intends to implement fees for specific applications to the employment tribunal as follows:

  • An application to set aside a default judgment will attract a fee of £100, payable by the respondent.
  • An application to dismiss a claim following the claim’s settlement or withdrawal will cost £60.
  • An application for judicial mediation will cost £600 and will be payable by the respondent.
  • A breach of contract counter-claim will cost £160, payable by the respondent.
  • An application for a review of a tribunal’s decision or judgment will cost £100 for Level 1 claims and £350 for Level 2 claims, payable by the party making the application.

 

Fees in the Employment Appeal Tribunal will mirror the two-stage structure to be implemented in the employment tribunal. There will be a fee of £400 to issue an appeal (an appeal fee) and a fee of £1,200 to proceed to a full hearing (a hearing fee).

 

There will be a system of remissions for claimants who cannot afford to pay the fees in full.

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