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Employment Tribunal Fees Explained

Posted on 15th July 2013
Briefing note

Will I have to pay any fees to the tribunal when I commence my claim?

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Carly Murphy Carly
Murphy
Employment Law Solicitor Telephone: 01473 694401

If you are unable to pay any fee that is due to be paid, you may be able to apply for a ‘fee remission’

Fixed issue and hearing fees are payable to the employment tribunal for any claim that is brought on or after 29 July 2013. Any claims that are presented before 29 July 2013 will not attract tribunal fees at any stage.

This briefing note gives an overview of the fees payable in all claims brought on or after 29 July 2013.

What fees are payable?

  • Issue fee
  • Hearing fee
You, as the person presenting their claim at the employment tribunal, will need to pay an issue fee at the time you send in your claim to the tribunal.

When your case is listed for a full hearing you will be sent a notice providing details of the date and venue of the hearing. There will also be a date in the notice by which the hearing fee must be paid. Again, as the person bringing the claim, you will be responsible for paying the hearing fee. Your employer (the respondent) is not required to pay any issue or hearing fees.

How much are the fees?

The amount of the fees will vary depending on whether you are bringing a type A or type B claim. The most common type A and B claims are set out below.

Type A claims

These are the more straightforward type of claims.

  • Statutory redundancy payments
  • Equal pay
  • Unlawful deductions from wages
  • Breach of contract

Type B claims

These are the more time consuming and complex type of claims.

  • Unfair dismissal
  • Discrimination
  • Whistleblowing
The amount of the fees are as follows:

Claim type Issue Fee Hearing Fee
A £160.00 £230.00
B £250.00 £950.00

Where you may be making a type A claim and a type B claim the type B fees only will be payable. If you are making more than one type A or type B claims only one fee is payable.

Other fees may be payable depending on how your case progresses e.g. if you agree to enter judicial mediation or you make an application for reconsideration of the tribunal decision following the final hearing.

How do I pay my fees to the tribunal?

HM Courts and Tribunals Service will have an online service to take payment of fees. The fees can be paid by debit or credit card. Alternatively payment can be made by cheque or postal order which you can send to the appropriate tribunal office.

For more information on tribunal fees and how and where to pay them please see HM Courts & Tribunals Service's leaflet T435 'Employment tribunal fees for individuals'.

What if I cannot afford to pay the fees?

If you are unable to pay any fee that is due to be paid, you may be able to apply for a ‘fee remission.’ This is an exemption from paying the fee if you have insufficient income. Provided you meet the criteria, all or part of the fees will be waived.

Waiving the whole fee

The whole fee will be waived if:

1.       you are receiving the following benefits:

  • Income Support
  • Income-based Job Seekers Allowance
  • Pension Credit guarantee credit
  • Income-related Employment and Support Allowance
  • Working Tax Credit (provided that you are not also receiving Child Tax Credit).
 2.       your gross annual income (together with your partner’s) is lower than the current limits set out below.

No. of children Gross annual income limit for a single person Gross annual income limit for a couple
0 £13,000 £18,000
1 £15,930 £20,930
2 £18,860 £23,860
3 £21,790 £26,790
4 £24,720 £29,720

If you have more than four children you will need to add £2,930 per child to the limits stated above for those with four children.

3.       your disposable monthly income is £50 or less.

Waiving part of the fee

If your monthly disposable income is between £51 and £210 you will only be asked to pay an amount equal to one-quarter of every £10 of your monthly disposable income (up to a maximum of £50).

If your monthly disposable income is more than £251 you will only be asked to pay an amount equal to £50 plus one-half of every £10 over £200 of your monthly income.

When must an application for a fee remission be made?

You must make an application for all or part of the fee to be waived on or before the date that the fee is due to be paid.

The issue fee will need to be paid when you issue your claim. From 29 July 2013, there is a new ET1 claim form which is to be used for all claims and which includes the form to apply for a fee remission. For guidance on issuing claims at the employment tribunal, and where to send your application for a fee remission, see the Ministry of Justice’s 'Employment Tribunal and Employment Appeal Tribunal Fees Stakeholder factsheet’ and the ‘Presidential Practice Direction – Presentation of Claims’ issued by the President of the Employment Tribunals (England and Wales). 

What are the consequences of failing to pay a fee?

In the event that you fail to pay the required fee (or make an application for a fee remission) when you issue your claim, your claim will be rejected by the tribunal.

If you have applied for a fee remission in respect of the issue fee and that application is refused you will be sent a notice giving you a date by which you must pay all or part of the fee. If you fail to pay by the required date your claim will be rejected.

In regards to any other fees that are due to be paid, such as the hearing fee, a failure to pay may result in your claim being dismissed.

To find out more about the remission scheme and whether you qualify for a waiver of all or part of the fee please see HM Courts & Tribunals Service’s leaflet T438 ‘Employment Tribunal and Employment Appeals Tribunal Fees’.

Please note that there is a separate guidance available where there are two or more claimants wishing to bring a claim together. Please see HM Courts & Tribunals Service’s leaflet T436 ‘Employment tribunal fees for groups and multiples’ if this applies to you.

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