Consultation on Proposed Employment Tribunal Fees

5th January 2012

The Ministry of Justice, as part of the Government's wide ranging review of employment rights and tribunal procedures, has commenced consultation on charging fees in Employment Tribunals and the Employment Appeal Tribunal.

In the Employment Tribunal, two alternative options are being put forward.

In the first option, the proposed fee to be charged for bringing a claim would depend on the nature of the claim, with three suggested levels:

• Level one - claims for unpaid wages and redundancy payments
• Level two - claims for unfair dismissal
• Level three - claims for discrimination and whistleblowing

Indicative fees of between £150 - £250 are proposed for the issue of a claim and between £250 - £1,250 for a hearing.

The second option would introduce a fourth level of issue fees, for claims where the claimant is seeking an award of over £30,000 where indicative fees are proposed at between £200 to £1,750.

An issue fee of £400 and hearing fee of £1,200 is proposed for the Employment Appeal Tribunal.

Although the consultation paper issued by the Ministry of Justice contains much detail regarding fee remission, fee refunds, discounts in the case of multiple claims, and fees for other tribunal procedures, such as requesting written reasons for a judgment, the proposed introduction of these not insubstantial fees could be a further reason for employers not to defend a case at the Employment Tribunal, regardless of the merits of the claim.

For further information contact employment@thomas-carroll.co.uk

Disclaimer: This article is designed to keep readers abreast of current developments. It is not intended to be a comprehensive statement of law and specialist legal advice should always be sought in relation to any particular circumstance. Therefore, Thomas, Carroll Management Services is unable to accept liability for any errors or facts or opinion contained within.