The Employment Tribunal Fees Order

As of this Monday (29th July 2013) all new claims made to an Employment Tribunal or appeals to the Employment Appeal Tribunal (EAT) will carry an issue and a hearing fee payable by the Claimant. The new legislation is ordered in The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

Claims have been split into two levels with each level carrying a different fee amount.

Type A Claims are more straight forward and hence carry a lesser fee and include cases such as unlawful deduction of wages, payment in lieu of notice and redundancy payments.

Type B Claims cover pretty much everything else including unfair dismissal, discrimination and Whistle blowing. The one anomaly is Equal Pay which currently sits under Type A although the MOJ has stated that ministers do intend to review this and Equal Pay may well sit under Type B in the future.

Please see below a table detailing the issue and hearing fees for each type of Claim for an individual Claimant

Issue Fee Hearing Fee
Type A £160.00 £230.00
Type B £250.00 £950.00

 

For claims made by a group of Claimants the fees will be as follows

Type A 2-10 Claimants 11-200 Claimants Over 200 Claimants
Issue Fee £320 £640 £960
Hearing Fee £460 £920 £1380

 

Type B 2-10 Claimants 11-200 Claimants Over 200 Claimants
Issue Fee £500 £1,000 £1500
Hearing Fee £1900 £3,800 £5,700

 

Claimants on low incomes or who are in receipt of certain qualifying benefits (e.g. job seekers allowance) will be able to apply for full or part fee remission details of which are detailed in Schedule three of the Order.

It is worth noting that where Claimant’s are successful in an Employment Tribunal the Employment Tribunal may make an Order for the Respondent to pay the Claimant back for the fees they have paid in addition to any other award the Tribunal will make. The current thinking is that Tribunals are likely to do this as a matter of course.

Written by
Edward ton
31st July 2013

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