Fact Sheet – Employment Tribunal Fees

(Information correct as at 25th July 2013)

The new tribunal fees regime started on 29 July 2013. Claimants now have to pay to bring a claim in the Employment Tribunal, however, there are remission arrangements in place for those who can’t afford to pay the fees. See our updated Employment Tribunal Fees fact sheet below for the full details…

Type A claims are generally more straightforward and so have lower fees. They include claims relating to:

  • Unpaid wages;
  • Payment in lieu of notice;
  • Redundancy payments; and
  • An employer refusing an employee time off work to attend antenatal classes.
  • Equal pay claims. (Though this is currently listed as a Type B claim in the ACAS Code, this is a drafting error which will be rectified)

Type B claims are generally more complex and so command higher fees. Such claims relate to issues relating to:

  • Unfair dismissal;
  • Discrimination complaints;
  • Claims under the Public Information Disclosure Act (also known as ‘whistleblowing’).

Employment Tribunal Fees

Fees will be charged at different stages of the claim.  Submitting the claim to the Tribunal will incur an issue fee. When the claim is listed for hearing a further hearing fee will be charged and at the end of the process, if the Tribunal is asked to review the decision a Reconsideration fee will be charged.

There will also be a fee for appealing the decision in the Employment Appeals Tribunal.

The fees

Claims by individuals

Issue fees
Type A: £160
Type B: £250

If the claim form contains a mixture of A and B claims, the type B issue fee will apply. One issue fee is payable regardless of how many claims are included in the claim form.

Hearing fees
Type A: £230
Type B: £950

Reconsideration fees
Type A: £100
Type B: £350
Claims by groups and multiples

Issue fees
Type A:
Between 2 and 10 people: £460
Between 11 and 200 people: £920
201 people or more: £1,380

Type B (or a mixture of type A and B):
Between 2 and 10 people: £1,900
Between 11 and 200 people: £3,800
201 people or more: £5,700

Hearing fees
Type A:
Between 2 and 10 people: £460
Between 11 and 200 people: £920
201 people or more: £1,380

Type B (or a mixture of type A and B):
Between 2 and 10 people: £1,900
Between 11 and 200 people: £3,800
201 people or more: £5,700

Reconsideration fees
Type A: £100
Type B: £350

Employment Appeal Tribunal (EAT) fees

Lodgement fee (up to, but not including the full hearing): £400
Hearing fee: £1,200

The fees are fixed regardless of whether the claim is a type A or B claim.

Unable to pay the fees?

Applicants who are unable to afford the fees can qualify for a reduction or exemption (a remission) if they are in receipt of certain benefits or satisfy tests based on their, and/or their partner’s, ‘disposable capital’ and gross monthly income. ‘Disposable capital’ includes savings, investments and redundancy payments, but not unfair dismissal compensation.

Benefits

An applicant will benefit from a full fee remission if they are in receipt of any of the following benefits:

  • Universal credit
  • Income support
  • Income-based Jobseeker’s Allowance
  • Pension Credit guarantee credit
  • Income-related Employment and Support Allowance
  • Working Tax Credit but not also receiving Child Tax Credit

Gross annual income (i.e. annual income before tax and other deductions)

A full fee remission is available in the following circumstances:

  • Where the applicant has no children: If the applicant is single with an annual income of less than £13,000, or in a couple with a joint income of less than £18,000;
  • Where the applicant has 1 child: If the applicant is single with an income of less than £15,930, or the applicant is part of a couple with a joint income of less than £20,930;
  • Where the applicant has 2 children: If the applicant is single with an income of
    less than £18,860, or the applicant is part of a couple with a joint income of
    less than £23,860;
  • Where the applicant has 3 children: If the applicant is single with an income of
    less than £21,790, or the applicant is part of a couple with a joint income of
    less than £26,790;
  • Where the applicant has 4 children: If the applicant is single with an income of less than £24,720, or the applicant is part of a couple with a joint income of less than £29,720.

An additional £2,930 is payable for each extra child.

Those who do not qualify for a full remission under either of these heads may still be able to obtain a full or partial remission if they have insufficient disposable capital.

Disposable capital

  • The tribunal will calculate the applicant’s net monthly income (i.e. income after tax and other deductions), and will then deduct payments such as housing costs, fixed allowances (preset amounts that can be claimed for the applicant’s partner (£159), dependent children (£244) and general living expenses (£315)), child maintenance, child care expenses and payments under a court order.
  • If the applicant’s disposable income per month is less than £50 then they will be exempt from the fees.
  • If the applicant’s disposable income per month is more than £50 they will have to pay a certain proportion of the fees on a sliding scale depending on the amount of their disposable income. For example, an individual with a disposable monthly income of up to £200 will generally have to pay 25% of the fees; an individual with a disposable income of £300-309 will have to pay one-third of the fees; and an individual with a disposable income of £1,000 or more will have to pay almost half of the fees.