Employment Tribunal fees

From 29 July 2013 a fee will need to be paid for any claim made to an Employment Tribunal. An application can be made for fee remission where you have a low income or are in receipt of some benefits (see below).

 

The fee that needs to be paid will depend on the claim that has been made. All types of claim are allocated either to a type A or Type B and in both types there are two fees that are paid - an issue fee and a hearing fee.


Issue fee - this is a fee that needs to be paid at the start of the claim when the ET1 form is sent to the tribunal


Hearing fee - this is an additional fee that will need to be paid when the case is listed for a hearing in the employment tribunal. The tribunal will tell you when this needs to be paid.


For Type A claims the issue fee is £160 and the hearing fee is £230.


For Type B claims the issue fee is £250 and the hearing fee is £950.


Where several claims are made or in different fee bands only one fee is payable for the claim which falls into the highest band.


Some common claims and their fee type are set out below. A full list of Type A claims is contained in the fees order; claims not listed under Type A will be required to pay the Type B fees:


Schedule 2: The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

Common Type A claims

  • Redundancy pay
  • Breach of contract and notice pay
  • Unauthorised deduction of wages
  • Written statement of terms and conditions
  • Failure to allow time off for union activities
  • Failure to allow time off for ante-natal care or care of dependants

Common Type B claims

  • Unfair dismissal
  • Discrimination
  • Detriment for asserting or enforcing a statutory right

Fee remission

The system of fee remission allows claimants who cannot afford the full tribunal fee to apply for a full of partial reduction of the fee.


To pay a reduced fee or no fee (known as ‘fee remission’), you’ll need to prove that:

  • In most cases, you (and your partner if you have one) have ‘disposable capital’ of less than £3000. Disposable capital means savings and investments; it doesn’t include your main home, personal belongings, wages or benefits.
  • That you’re either on benefits or have a low income.


Benefits

If you receive any of these benefits, you won't have to pay a fee:

  • Income-based Jobseeker’s Allowance
  • Income-related Employment and Support Allowance
  • Income Support
  • Universal Credit (with gross annual earnings of less than £6,000)
  • State Pension Credit - Guarantee Credit
  • Scottish Civil Legal Aid (not ‘advice and assistance’ or ‘advice by way of representation’)


Low income

If your monthly income (before tax and other deductions) is equal to or less than the amount set out below, you won’t have to pay a fee.


Number of children

If you’re single

If you have a partner

0

£1,085

£1,245

1

£1,330

£1,490

2

£1,575

£1,735


 


 


 

If you have 3 or more children there’s an extra allowance of £245 for each child. If your monthly income (before tax and other deductions) is more than these amounts you’ll have to pay £5 towards your fee for every £10 of income you earn above the threshold.


An application for fee remission must be made at the same time as the claim form is sent to the Employment Tribunal.

 

The application is made on form EX160A:

Employment Tribunal Fee Remisson Application Form EX160A
ex160a-eng.pdf
Adobe Acrobat Document 398.4 KB

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