By Anthony Korn

The Government has confirmed that it is proposing to introduce a system of fees to apply in Employment Tribunals and appeals to the Employment Appeal Tribunal with effect from July 2013. Fees are to be charged at two levels for bringing Tribunal claims and for hearing those claims. The ‘issue’ fee for a level one claim, which will cover claims for breach of contract, unpaid wages, holiday pay and the like, is to be £160 with a further hearing charge of £230 whereas the fee for a level two claim, which will cover unfair dismissal and discrimination claims, is to be £250 with a further hearing charge of £950. Special rules will apply to group claims and other applications which require a judicial determination. A fee of £600 will apply to judicial mediation. The fee for an appeal to the Employment Appeal Tribunal will be £400 for issuing an appeal and a hearing fee of £1200. Under the proposed new tribunal rules, the tribunal will have a discretion to return the fee if the Claimant is successful and it is likely that this will be extended to the Appellant in the EAT. The fees will not apply to all claimants, for example a claimant who is on benefits will not have to pay but the precise scope of the so called “remission scheme” is still subject to consultation.

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