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The Lowdown on Proposed Employment Tribunal Fees

29th Jan 2013
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The Ministry of Justice has announced that it is introducing an online service for the payment of employment tribunal fees. According to the announcement, the facility to pay online will be available from July 2013.  This suggests that the new fee structure proposed shall be introduced then. 

At the moment it costs nothing to bring an employment tribunal claim, but following consultation in 2011 the government is introducing the new fee structure so as to be in line with other court processes where fees are paid.  Currently it costs £84m to run the tribunal system funded by the tax payer; the government aims to reduce this burden whilst still promoting justice for all.  However many on low incomes are not required to pay full court fees so the government will be reviewing this for employment tribunal claims. 

The introduction of fees is part of the government's plan to promote early resolution encouraging people to look for alternatives to  using the court system.  Alternatives would be mediation, ACAS conciliation or directly negotiated settlement. 

Claimants will be required to pay fees in advance and there will be a two stage process; a fee will be paid to start a claim off and another fee will be due to be able to go forward with a hearing should that be necessary.  The level of fee will be dependent on the type of claim being brought.  For level 1 claims that include unlawful deductions, holiday pay, notice pay, redundancy pay the issue fee shall be £160 with £230 hearing fee.  For level 2 claims that include unfair dismissal and discrimination the issue fee shall be £250 and hearing fee £950.  

In cases where more than one claimant is bringing the same claim the fee structure makes provision for this and has suggested fees accordingly. 

Level 1 claims

Fee Type

Two to ten claimants

11 to 200 claimants

201 or more claimants

Issue fee

£320

£640

£960

Hearing fee

£460

£920

£1,380

Level 2 claims

Fee Type

Two to ten claimants

11 to 200 claimants

201 or more claimants

Issue fee

£500

£1,000

£1,500

Hearing fee

£1,900

£3,800

£5,700

With the Employment Appeal Tribunal the issue fee shall be £400 and hearing fee £1200.

Other fees that will be introduced are as follows:

  • An application to set aside a default judgement – The fee would be £100 which would be payable by the respondent.
  • An application to dismiss a claim following settlement or withdrawal – The fee would be £60 although it has been recommended that when a party withdraws their claim the respondent should not have to pay to get their claim dismissed.
  • An application for judicial mediation – The fee would be £600 and is payable by the employer.
  • A breach of contract counter claim – The fee would be £160 payable by the employer.
  • An application for a review of a tribunals decision or judgement – The fee for this would be £100 for level one claims and £350 for level two claims.
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