HM Courts & Tribunal Service has announced that the date for the implementation of fees into the employment tribunals and Employment Appeal Tribunal will be Monday 29 July 2013.
Subject to the necessary Parliamentary approvals, from this date all claims and appeals will be subject either to a fee or an application for fee remission. However, claims already lodged will not be subject to any fees.
Under the draft Fees Order a claimant will have to pay a £250 issue fee and a £950 hearing fee for most types of claim (including unfair dismissal, discrimination and whistleblowing). Unlawful deductions and statutory redundancy payments will carry a lower fee (£160 issue; £230 hearing). Multiple claimants will have to pay a higher total issue depending on the type of claim and number of claimants.
Under the remission scheme an individual can apply to not pay the fee at the time the fee is payable. Examples of individuals who will be exempt from the fees include:
- Anyone on a qualifying benefit (such as income support or working tax credit);
- Depending on whether they have a partner and/or children, anyone with a gross annual income below the applicable threshold (for example, less than £13,000 for a single individual with no children). Gross annual income is their total income for the 12 months preceding the application, ignoring any excluded benefits such as disability benefits, council tax and housing benefits; and
- Anyone with disposable monthly income of £50 or less. This is calculated by deducting from their current gross monthly income tax, rent/mortgage payments, childcare costs and living expenses of £315 plus £244 for each child and £159 for any partner. For those with a higher disposable monthly income, a percentage of the fee is payable on a sliding scale.