The Government has issued its consultation on the level of fees proposed for employment tribunal claims.
Wednesday 14 December, 2011
Tribunal Fees Consultation
The Government has issued its consultation on the level of fees proposed for employment tribunal claims.
Earlier this year the Government announced its intention to introduce fees for employment tribunal claims. It has now put forward its proposals for consultation and has come up with two different options on which it is seeking views.
Under option 1, fees would be charged at two stages, first on issue and then, for those claims proceeding to a hearing, before the hearing. Fee levels would depend on the type of claim. Claims lodged without the correct fee would not be accepted. The indicative level of fees and the person initially responsible for paying are as follows:
|
Fee |
Initially payable by |
Amount |
|
Issue fee |
Claimant |
Level 1 - £150 Level 2 - £200 Level 3 - £250 |
|
Hearing fee |
Claimant |
Level 1 - £250 Level 2 - £1000 Level 3 - £1250 |
Under option 2, fees would only be charged on issue. The level of fee would depend both on the type of claim made and on the level of compensation sought – all claimants would have to state whether they are seeking an award in excess of £30,000 and if seeking an award below £30,000 the tribunal would be precluded from awarding more. The indicative level of fees and the person initially responsible for paying are as follows:
|
Issue Fee |
Initially payable by |
Amount |
|
Level 1 claims (up to £29,999.99) |
Claimant |
£200 |
|
Level 2 claims (up to £29,999.99) |
Claimant |
£500 |
|
Level 3 claims (up to £29,999.99) |
Claimant |
£600 |
|
Level 4 claims (over £30,000) |
Claimant |
£1750 |
Level 1 claims are for sums due on termination such as unpaid wages, pay in lieu of notice and redundancy pay. Level 2 claims are for unfair dismissal (other than whistleblowing). Level 3 claims are for discrimination and whistleblowing. Level 4 claims are any claims where the compensation sought is £30,000 or more.
Under both options:
|
Request for written reasons |
Party who applies |
Level 1 - £100 Level 2 - £250 Lever 3 - £250 |
|
Review application |
Party who applies |
Level 1 - £100 Level 2 - £350 Level 3 - £350 |
|
Dismissal of case after settlement or withdrawal |
Respondent |
£60 |
|
Set aside default judgment |
Respondent |
£100 |
|
Counter-claim |
Respondent |
£150 |
|
Judicial mediation |
Respondent |
£750 |
The Government has said that if option 1 is decided upon the fees would be introduced in 2013 but if option 2 were adopted the changes would not be made until 2014. Responses to the Consultation on Charging Fees in Employment Tribunals are required by 6 March 2012.
Our services
