The Courts and Tribunals Service has announced that fees will be payable for all claims and appeals in employment tribunals from 29 July. Claimants will pay a fee to lodge a claim and another fee if the claim proceeds to hearing, payable four to six weeks before the date of the hearing. The level of the fee will depend on the type of claim being made:
- Type A – (including equal pay, breach of contract, redundancy payments, holiday pay, unauthorised deductions from wages) – £160 issue fee, £230 hearing fee
- Type B – (such as unfair dismissal and discrimination claims) – £250 issue fee, £950 hearing fee.
Only one fee is payable where the claimant has more than one claim of the same type, but if there is a mix of Type A and B claims, the higher fee is payable.
Fees will also be payable for matters such as counter-claims, applications for reviews and judicial mediation (£600, paid by the respondent). In the Employment Appeal Tribunal, fees will be £400 for the appeal and £1,200 for the hearing.
Tribunals will have discretion to order the unsuccessful party to reimburse the successful party for any fees paid. Fees for those who cannot afford to pay will be waived in accordance with the courts' standard remission system.
We were told that the changes to tribunal rules, the result of last year's Underhill Review, would be brought in at the same time as the fees regime, but there has been no confirmation of this yet.