Practical information about new government employment tribunal fees

  • Posted

Posted 07/08/2013

Employment claims lodged on or after 29th July 2013 are now subject to fees.  This will prevent some people bringing a claim as applicants will now need to pay an issue fee of either £160 or £230 depending on whether the claim is classified as a Type A or Type B claim. Claims based on equal pay are at present a Type A claim but this is thought to be a drafting error so if you have such a claim, keep in mind that for now there is a lower issue fee payable.  Unfair dismissal claims will typically be Type B claims.For those who cannot afford the fees there is some relief found in tricky legislation.  If specific criterion is met an application for remission can be made.  There is a requirement to provide original documents, which can be cumbersome, and an application will need to be submitted for each fee.The preference is for claim forms to be lodged using an online form and payment of the issue fee will be taken in full at that time, unless an applicant has a successful remission application.  For claims in England and Wales, claims accompanied with fee payment can be posted or hand delivered to the tribunal central office in Leicester.  A few local tribunal offices will also accept claims by post or hand delivery.  As payment of an issue fee is now required, claims can no longer be filed by fax or e-mail.  If a claim form is not accompanied by a fee or a remission it is likely to be rejected.  A respondent will not see the claim form until the fee is paid or remission granted.  Consider the situation where a claim is lodged at the end of the limitation period, an applicant is granted a month’s extension for ACAS conciliation, a remission application takes several weeks to process, a judge looks at the papers and then finally the claim goes out to the respondent.  An employer may not know that a claim has been made against them until six months or more post-dismissal.  For this reason employers should keep records for at least a year.If you have a claim that is subject to fees and that claim later settles think about including in your settlement agreement provision for those wasted fees.For advice relating to employment law, please contact our Employment Team.


    Close

    How can we help you?


    Please fill in the form and we’ll get back to you as soon as possible or to speak to one of our experts call
    0330 404 0749





    I accept that my data will be held for the purpose of my enquiry in accordance with Ashtons
    Privacy Policy


    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

    How can we help?

    If you have an enquiry or you would like to find out more about our services, why not contact us?