Employment Tribunal Costs

Employment Tribunal Fees


Introduction

In an effort to reduce the cost to the Ministry of Justice of running Employment Tribunals (ET) and Employment Appeal Tribunals (EAT), the government has decided to introduce various fees which must be paid, such as when an initial claim is made to the ET or an appeal is lodged with the EAT. Although this scheme could deter serial litigants or those making vexatious claims, employers are also affected by the changes because appeals and various employment tribunal related applications also attract fees.

It should be noted that judicial review proceedings questioning the legality of the introduction of these fees are taking place.

When are fees payable?

Fees are now chargeable for lodging a claim with an ET or an appeal with the EAT. These fees, which came into effect on 29th July 2013, are payable in the following circumstances:

  • at issue of claim or appeal and before hearing
  • on application for a review of default judgment
  • on application to dismiss following withdrawal
  • on application for a counter-claim
  • on application for review of final decision
  • on application for judicial mediation

What are the levels of fees?

Employment Tribunal

The ET claim fees are split into Type A (simpler claims relating to wage deductions, refusals to allow time off etc.) and Type B (more complex claims relating to discrimination, detriment and unfair dismissal etc.) as follows:

 Fee Type  Type A Claims Type B Claims 
 Issue Fee  £160  £250
 Hearing Fee  £230  £950

Where there are multiple claimants, the fees will be split as follows:

Type A Claims

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

Type B Claims

   2-10 Claimants  11-200 Claimants Over 200 Claimants 
Issue Fee  £500 £1000  £1500 
Hearing Fee  £1900 £3800  £5700  

The application specific fees are as follows:

Fee Type  Type A Claims Type B Claims 
Review of default judgment  £100 £100 
Application to dismiss following withdrawal  £60 £60 
Application for a counter-claim   £160 N/A 
Application for review of final decision  £100 £350 
Application for judicial mediation  N/A £600 

Employment Appeal Tribunal

EAT are not split into type A or type B, but are simply as follows:

 Fee Type  Fee Level
 Lodge an Appeal  £400
 Full Hearing  £1,200

Who pays the fees?
 
The fees are required to be paid in advance by the party seeking any particular order. Therefore, the claimant or appellant will be responsible for the issue and hearing fees, whilst the respondent will be liable for any applications they choose to make. Judicial mediation will be paid by the respondent. The employment tribunal will have the power to order the reimbursement of any fees by the unsuccessful party to the successful party.
 
Transitional Provisions

Claims will only attract fees if they are lodged on or after the 29th July 2013. Any claims issued before this date will not attract fees - even if the hearing date is later. However, any appeals made to the EAT on or after 29th July 2013 will attract fees.

Judicial Review

It should be noted that the plan to introduce the tribunal fees is controversial and has been opposed by the trade union, Unison, and by a Scottish law firm called Fox and Partners, both of whom have launched ongoing campaigns to have a Judicial Review of the fees. To find out about developments on this front, watch this space!
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