HM Courts & Tribunal Service has announced that the date for the implementation of fees into the employment tribunals (ET) and Employment Appeal Tribunal (EAT) will be 29th July 2013.

From this date, all claims and appeals presented to HM Courts & Tribunals Service will be liable under the Fees Order and supporting rules to pay a fee unless a fee remission applies.

Claimants will need to 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:

  • Category A: Equal pay, breach of contract, redundancy payments, holiday pay, unauthorised deductions from wages) - £160 issue fee, £230 hearing fee 
  • Category B: 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 category A and B claims, the higher fee is payable.

The good news to employers is that a tribunal will reject an employee's claim if it is not accompanied by the fee (or a remission application).  If the hearing fee is not paid by the due date, the claim may be dismissed. The Tribunal has a discretion to reinstate the claim if the fee is paid (or remission application made) after the deadline has passed.