Employment Tribunal Fees

Posted in Employment

The draft Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 have gone before Parliament. However, to date, they remain unpublished.

Jason Latham, Tribunals Deputy Director at Her Majesty’s Courts and Tribunals Service, has set out, in a letter, the Government’s intention to stick to its proposed two-tier fee structure and has confirmed that a failure to pay the relevant fee will prevent a claim from progressing.

The Government has scheduled the implementation of fees for the end of July 2013 (watch this space!). Any claim or appeal already in the system before fees are implemented will not attract any fee payments.

Mr Latham explained that under the Tribunal fee structure:

  • the person who seeks the order initially pays the fees;
  • fees are paid at issue and before a hearing;
  • fees are payable in advance and before Tribunals/courts incur costs;
  • non-payment of the issue and hearing fees will prevent a claim commencing or continuing in the Tribunal, and
  • the Employment Tribunal and EAT rules of procedure will be amended to allow Tribunals to order an unsuccessful party to reimburse the fees paid by the successful party.

Expected fees in the Employment Tribunal:

  • For a ‘Level 1’ claim (i.e. unlawful deduction from wages and statutory redundancy pay claims) the issue fee will be £160 and the hearing fee will be £230;
  • For a ‘Level 2’ claim (i.e. unfair dismissal and discrimination claims) the issue fee will be £250 and the hearing fee will be £950;
  • For multiple claims, the issue fees range from £320 to £1,500 and the hearing fees range from £460 to £5,700; and
  • There are a further five fees, ranging from £60 to £600, for certain applications once a claim has been accepted, such as an application to dismiss following settlement or to issue a counterclaim.

Expected fees in the EAT:

  • For lodging an appeal the fee will be £400 and £1,200 for it to progress to hearing; and
  • Fees will be required from appellants upon lodging the appeal and in advance of hearing. Failure to pay the fees, or prove eligibility for remission, will result in ‘the discontinuation’ of the appeal.

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