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Introduction of fees in Employment Tribunals

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Depending on an individual’s financial circumstance, an individual may be able to claim a remission of all or part of any fee for which they are responsible; we suggest you contact us further if you require specific advice in relation to this.

A Tribunal must reject a claim if it is not accompanied by either a fee or an application for a fee remission. 

The amount of fees payable depends on whether the claim is a Type A or a Type B claim, as out outlined below.

Type A Claims  

  • Statutory redundancy payments;
  • Equal pay (whether there is a breach of the sex equality clause or the maternity equality clause);
  • Unlawful deduction from wages;
  • Breach of contract;
  • Determination of what should be included in a Section 1 Statement;
  • Failure to inform and consult as required by TUPE;
  • Refusal to allow annual leave, compensation, payment or compensatory rest under the Working Time Regulations 1998;
  • Refusal to allow time off for dependants;
  • Refusal to permit, or pay for, time off for antenatal care;
  • Failure to permit time off for Trade Union duties or public duties;
  • Failure to permit, or pay for, time off for Trade Union activities or time off for employee representatives;
  • Failure to permit, or pay for, time off to look for work or arrange training.

TYPE B CLAIMS

  • Unfair dismissal (ordinary and automatic)
  • Discrimination
  • Whistle blowing

Amount of issue and hearing fees 

Type A Claims  

Issue fee - £160.00

Hearing fee - £230.00

Type B Claims  

Issue fee - £250.00

Hearing fee - £950.00 

Additional Fees

The Fees Order 2013 also introduced fees for specific applications including reconsideration of a default judgement, reconsideration of a judgment following a final hearing and dismissal of a claim following withdrawal.  If you require specific information regarding theses fees then please do not hesitate to contact us for more information.

To Note 

Tribunals will have a discretionary power to order the losing party to meet the fees paid by the winning party.

Payment of fees

If an individual submits an ET1 Claim Form online the fee payment will be taken via a debit or credit card.  If an individual wishes to pay the issue fee by cheque or postal order then they must submit their ET1 Claim Form by post.  An individual can also issue their ET1 Claim Form by hand to a designated Tribunal Office. 

At what stage should payment be received? 

Issue fees 

It is important to note that if the ET1 Claim Form is not accompanied by the correct fee, or a remission application at the time of submission of the Claim Form, it will be returned; however, the timing for limitation purposes will continue to run. 

Hearing fees

It is believed there will be a fixed deadline for payment of Hearing fees which will be as follows:-

  • Where a case has been fast tracked this will be 21 days before the Final Hearing.
  • Where a case has not been fast tracked the deadline will either be 3 or 4 weeks before the Hearing, however a decision is still pending on this point.

Application fees

It is believed that when a party wishes to make an application that attracts a fee, the application will need to be made and then at that stage the Tribunal will issue a notice requiring payment of the fee.  It is only when that fee has then been paid that the application will be put to the Tribunal. 

Employment Appeal Tribunal (EAT) 

Fees for bringing an appeal to the EAT will be - £400.00 issue fee, £1200.00 hearing fee.

If you have any queries in relation to these changes then please do not hesitate to contact Alexandra Dean, Head of the Employment Department, on 01245 228141 or deana@gepp.co.uk

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