The Government has confirmed that, from 29th July 2013, claimants will have to pay a fee if they want to take their employer to employment tribunal. Currently, it costs nothing for a claimant to make a claim. However, in a bid to weed out the weak and vexatious attempts by the claimant to have their day in court, a two stage fee will be charged. If the fee is not paid, or the claimant does not apply for ‘remission’, the claim will not be considered.

Claimants will be required to pay an initial fee (the ‘issue fee’) at the issue of a claim, and a further fee (a ‘hearing fee) 4 – 6 weeks before the tribunal hearing.

The amount of the fee will depend on the type of claim being made. To bring a Type A claim, the claimant must pay a £160 issue fee, and then a ‘hearing fee’ of £230. Type A claims include unlawful deductions, failure to pay redundancy pay; failure to provide statement of terms and conditions; failure of employer to allow worker to take or be paid for annual leave etc.

To bring a Type B claim, the issue fee is £250 and the hearing fee is £950. Type B claims include unfair dismissal, discrimination, failure to comply with rest break rules, failure to allow certain types of time off etc.

The cost to make a claim to Employment Appeal Tribunal will be a £400 issue fee and a £1200 hearing fee.

Fees will also apply to other procedural elements of the tribunal system e.g. £100 for an application for a review.

The tribunal will have the power to order that fees paid by the successful party be reimbursed by the unsuccessful party, though this will not be an automatic occurrence.

A remission system will be in place for those who cannot afford to pay the fees, and upon evidence of this, either the whole or part of the fee will be waived.

by Nicola Mullineux

For any further clarification, please call our 24 Hour Advice Service on 0844 892 2772.