Workers to pay to make a tribunal claim under new rules

  • Business Advice
Claimants will need to pay to make a tribunal claim under new plans
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Peninsula Team, Peninsula Team

(Last updated )

The Ministry of Justice (MoJ) has launched a consultation into the proposed re-introduction of modest fees in the employment tribunals (ET) and Employment Appeal Tribunal (EAT).

It states that the aim is to contribute to the continuous improvement of the Courts and Tribunals Service and to reduce the cost to the taxpayer to fund these services.

The proposal is to introduce “modest fees” for claimants to bring a claim in the ET and appellants bringing an appeal in the EAT.

Parliamentary Under-Secretary of State, Mike Freer, said: “The Ministry of Justice has carefully considered the 2017 Supreme Court ruling on the previous approach to fees in the ET and has endeavoured to ensure that the fees proposed in this consultation are proportionate and affordable, in line with the judgment.”

As with other court and tribunal jurisdictions, he went on, those who cannot afford to pay the proposed fees will be supported by the Government’s fee remission scheme, Help with Fees (HwF).

In addition, modest fees may incentivise parties to settle their disputes early through Acas without the need for claims to be brought to an ET, the MoJ argues.

The proposal is to introduce a £55 issue fee that is payable by the claimant on bringing a claim to the ET with the same fee charged in the EAT, payable per judgment, decision, direction or order of an ET being appealed.

The deadline for responding to this consultation is 25 March 2024.

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