Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Law for Business

Knowhow - guidance - precedents

03 JUN 2013

Tribunal Fees 2013

Pam Loch

Managing Partner

@LochLaw

With effect from 29 July 2013 a claim to the Employment Tribunal or an appeal to the Employment Appeal Tribunal will require payment of fees for the first time.

There will be a two-stage fee charging structure, requiring payment of an "issue fee" on submission of a claim or appeal, followed by payment of a "hearing fee" on a date to be specified by the Tribunal when the claim is listed for hearing. The amount of each fee will depend on the type of claim. More straightforward claims are allocated to the "Level 1" category. All other claims are "Level 2" claims and will require the claimant to pay a higher fee.

Level 1 claims comprise 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) and for breach of contract.

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

Where a claimant submits more than one type of complaint at the same time, the fee payable would be that which relates to the highest level claim.

 

Employment Tribunals Fees Tables 

 

Fee Type

Level 1 Claims

Level 2 Claims

Issue Fee

£160

£250

Hearing Fee

£230

£950

Where more than one claimant is bringing the same claim, the two-stage fee structure is adjusted to take into account the number of claimants who are bringing the claim.

Tribunal judges will have discretion to order an unsuccessful party to reimburse the fees paid by the successful party.

Parties wishing to make other specified applications, such as for a review of a tribunal judgment or a counter-claim in a breach of contract case, will have to pay a separate fee, as follows: 

 

Review Default
Judgement

Application to
dismiss following
settlement

Mediation by
the judiciary

Counter-claim

Application
for review

Level 1

£100

£60

-

£160

£100

Level 2

£100

£60

£600

-

£350

Employment Appeals Tribunal Fees Table

 

Single fee charging structure: 

Issue Fee

£400

Hearing Fee

£1,200

Fee Remissions Scheme

The HMCTS fee remissions scheme will be extended to protect access to the Employment Tribunals for those who cannot afford to pay the fee. The system allows claimants to provide proof of their financial eligibility for either a full or partial remission, based on their receipt of certain benefits, or their (and their partner's) gross annual income, or their (and their partner's) monthly disposable income.

The current fees remission scheme is however under review, although the results of that review are not likely to be in place until the Autumn. The review is intended to replace the current structure with a system of two distinct tests (disposable capital, and income) both of which the claimant would have to satisfy to be eligible for fee remission. It will also continue to be the case that claimants on certain qualifying benefits will be deemed to meet the income test 

Fee payment

Fees will be paid in advance online or through a centralised processing centre. Claimants will not be able to pay fees in person at individual Tribunals. Remission applications will also be processed within the central processing centres.

A claim will not be allowed to commence or continue in the Tribunal if the appropriate fees are not paid.

Pam Loch, Managing Partner of niche employment law practice, Loch Associates Employment Lawyers and Managing Director of HR Advise Me Limited.  

For more information on Loch Associates Employment Lawyers please go to www.lochassociates.co.uk and for HR Advise Me go to www.hradvise.me

Jordan Publishing Charities Administration Service

Jordan Publishing Charities Administration Service

The practical, reliable and easy-to-use guide on running your charity

Available in Charity Law Online
Jordan Publishing Health and Safety Management

Jordan Publishing Health and Safety Management

"The manual is a must for any employer that needs clear practical advice on managing health and...

Available in Health and Safety Law Online
Subscribe to our newsletters