Call us on 0844 324 5840

NEWS & RESOURCES

Introducing Fees in the Employment Tribunals and the Employment Appeal Tribunal

A new consultation has been launched which proposes to reintroduce modest fees within the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT) systems, aiming to enhance the ongoing refinement of the Court and Tribunal Service while lessening the burden on taxpayers to finance these services.

Charges were previously in place from July 2013 to July 2017. The 2013 fee regime categorised ET claims into ‘Type A’ or ‘Type B’ claims with different fees payable dependent on whether the claim was a Type A or Type B claim. Type A claims (which covered simple disputes such as unpaid holiday pay) attracted an issue fee of £160 and a hearing fee of £230, totalling £390 in fees. Type B claims (which covered more complex disputes such as discrimination) attracted an issue fee of £250 and a hearing fee of £950, totalling £1200 in fees. The EAT attracted a £400 issue fee and a £1200 hearing fee, totalling £1600 in fees.

The introduction of fees in 2013 led to a substantial fall in the number of claims brought to the ET. Ultimately, the Supreme Court found the fees were unlawful as they were unaffordable and essentially prevented access to justice. It was also found that the fee system was indirectly discriminatory against women and individuals with protected characteristics as they were more likely to bring Type B claims and therefore liable to pay the higher fee.

Currently, there is no fee to bring a claim in an ET or EAT, which means that the cost of administering the tribunal service is borne entirely by the taxpayer. The direct running cost of the ET and EAT was around £80 million in 2022/23, with c. 33,000 cases comprised of c.85,000 claims being brought to an ET in the same year. Tax payers also fund the early conciliation service provided by ACAS.

The proposal to introduce fees in the ET and EAT is intended to relieve some of the cost to the general taxpayer by requiring tribunal users to pay for the tribunal system, where they can afford to do so. It has also been suggested that modest fees may incentivise parties to settle their disputes early through ACAS without the need for claims to be brought to an ET.

The proposed fee for initiating a claim in the employment tribunal is £55, which applies as a one-time payment without any additional charges upon the approach of the hearing. There will no longer be a distinction between Type ‘A’ and Type ‘B’ cases as previously established. This fee remains consistent at £55 regardless of whether it involves a single claimant or a multi-party action. Similarly, a £55 fee would apply for commencing an appeal in the Employment Appeal Tribunal.

A system for fee remission will be in place for individuals who genuinely cannot afford the fees, as defined by the government. Additionally, certain very specific claims will be exempted from fees, primarily those against the national redundancy fund and claims related to failure to collectively consult in large-scale redundancies.

This consultation will close on 25 March 2024.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

01
The Role of HR in Ensuring Compliance
Insights
5 November 2024
02
What You Need to Know About Ethnicity Pay Gap Reporting
Insights
4 November 2024
03
Sexual Harassment – Complying with the New Statutory Duty
Online Training
11 October 2024

Request a Call from an HR Advisor

Our expert HR Advisors are here to assist you. To schedule a complimentary 30-minute call, please complete the form below. One of our advisors will reach out within 24 hours to either conduct the consultation or arrange a suitable time.

SIGN-UP FOR UPDATES

Receive all the latest industry insights, expert tips and exciting updates from HR Solutions, straight to your inbox.

Strategic HR thinking whitepaper

Our latest HR whitepaper offers an in-depth analysis and strategic framework aimed at transforming Human Resources into a pivotal element of business success in the rapidly evolving corporate environment of 2024.

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

var iframe = document.getElementById('pageurl-general-popup-6'); iframe.src = iframe.src + "?Form_Completion_Page=" + window.location.pathname + "&" + window.location.search.substr(1);

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.