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Key Employment Law Update

Tribunal Fees

From Monday 29 July 2013 fees will be implemented in the Employment Tribunal (ET) and Employment Appeal Tribunal (EAT).

There will be no exemptions – the new rules apply to everyone issuing a new claim or a new appeal on or after 29 July 2013.

ETs will be able to order the unsuccessful party to reimburse the fees paid by the successful party (at the Judge’s discretion). Therefore whilst the Claimant has the initial outlay the Respondent may be ordered to pay the fee back to the Claimant if the Claimant has paid a fee and wins.

Fees for Claimants

There are two levels of fees depending on the complexity of the claim.

Level 1 claims (such as unfair deduction from wages and redundancy pay)

  • Issue fee: £160
  • Hearing fee: £230

Level 2 claims (such as unfair dismissal, TUPE claims, equal pay or discrimination claims)

  • Issue fee: £250
  • Hearing fee: £950

Where more than one level of claim is brought at the same time the highest individual fee will apply. For example if a Claimant brings a level 1 claim and a level 2 claim, only the level 2 fee will be charged.

Multiple Claimants

Where there are between two and ten Claimants, the issue and hearing fees will be the fees for single claims multiplied by two.

Where there are between 11 and 200 Claimants, the fees will be the single claim fees multiplied by four.

Where there are 201 or more Claimants, the fees will be the single claim fees multiplied by six.

Appealing to the EAT

The fee for bringing an appeal to the EAT will be £400 to issue it and £1,200 for the hearing.

What happens if no fee is paid?

The Tribunal can reject a claim if it is not accompanied by a Tribunal Fee. However if a claim is lodged with the incorrect fee (which is lower than the amount due) then a notice will be sent to the Claimant specifying a date for payment of the additional amount due confirming that the claim will be rejected if the outstanding amount is not paid by the date specified.

CUT OFF POINT!

The latest time a Tribunal will accept an online submission of a claim form before the issue fee comes into force is 4pm on Friday 26 July.