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Employment Tribunal Fees

EH SolicitorsBlogEmployment Tribunal Fees

Jun

25

Employment Tribunal Fees

Employment Tribunal Fees

Employment Tribunal Fees

At present, a claim can be filed with the tribunal without charge but this is set to change on 29 July 2013 when fees are set to be introduced.

How much will it be to file a claim?

There are 2 categories of claim- ‘Type A’ and ‘Type B’.  Type A claims are basic claims such as unpaid wages or unpaid notice monies.  Type B claims will include unfair dismissal and discrimination.

Type A claims will cost £160 to file and Type B claims will be £250.  These fees vary if there are multiple claimants.

When will this fee have to be paid?

At the time of filing the claim.

Will there be any other fees payable?

There will also be a hearing fee which will be payable about 6 weeks before the hearing is due to take place.  Again, this will be different depending upon whether it is a Type A claim or Type B claim.  Type A claims attract a hearing fee of £230 and Type B a hearing fee of £950.  Again, these fees will vary if there are multiple claimants.

There will also be fees for employers wishing to file counter claims, for judicial mediation, reviews of default judgments and for applications to dismiss claims and for reviews.

What if a claim has been submitted before 29 July?  Will a hearing fee still be due if the hearing is after 29 July?

No, the new fees will not be applied retrospectively so as long as the claim had been filed before 29 July no issue or hearing fee will be payable.  However, if the case is later appealed (after 29 July), a fee for the appeal will become payable which is £400 together with a hearing fee of £1,200.

Will there be any financial assistance in place for claimants?

No fee will be payable in the following circumstances:

  1. If the claimant is in receipt of a ‘qualifying’ benefit (e.g. job seeker’s allowance)
  2. If the claimant’s gross annual income is below a certain threshold (e.g. if income is below £13,000 (no dependants) or £18,860 (2 dependants))
  3. If the Claimant’s monthly disposable income is below £50

A part fee will be payable in the following circumstances:

  1. Where monthly disposable income is more than £50 but less than £210, ¼ of every £10 of the Claimant’s disposable monthly income is payable (up to a maximum of £50).
  2. Where monthly disposable income is more than £250, £50 plus ½ of every £10 over £200 of the party’s disposable monthly income is payable.

What will happen if a claimant believes financial assistance will apply to them?

They will file their claim as usual but make an application for ‘remission’ as a result of one of the 5 scenarios above rather than pay a fee.

Will claimants be able to recover the issue or hearing fee if they are successful?

Tribunals will be given a discretionary power to order the losing party to pay any costs that the successful party has incurred in the way of fees.

 

For further information or to discuss an employment law query, please telephone Ian Hass on 0800 197 3560 or email him at [email protected].

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