The draft Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 have been laid before Parliament and the government is working towards an implementation date of the end of July 2013.
Fees will be introduced in the employment tribunals and the Employment Appeal Tribunal for the first time.
The policy aim of the introduction of fees is to transfer some of the cost of running the employment tribunals and the Employment Appeal Tribunal from the taxpayers to users.
The basis of the fee structure is as follows:
• The person who seeks the order initially pays the fees.
• Fee levels are based upon the average cost of a claim which can depend upon: the nature of the case, the stage in the proceedings and for multiple claims, the number of claimants.
• Fees are to be paid at issue and before the hearing, and for several specified applications.
• Sanctions for non-payment of issue fees and hearing fees are that the claim will not be allowed to commence or continue in the tribunal.
• Fees are payable in advance and before cost is incurred by HM Courts & Tribunals Service.
The fee structure for a single claim is:
Fee Type Level 1 Claims Level 2 Claims
Issue Fee £160 £250
Hearing Fee £230 £950
Level 1 claims are generally for sums due on termination of employment e.g. unpaid wages, payment in lieu of notice, redundancy payments.
Level 2 claims include those relating to unfair dismissal, discrimination complaints, equal pay claims and claims arising under the Public Information Disclosure Act.