Fees to Bring an Employment Tribunal Claim
The Government have launched a consultation yesterday setting out their proposal for introducing fees at the Employment Tribunal and Employment Appeal Tribunal.
Many of you will recall fees were introduced a number of years ago and quickly removed after challenges about the impact it had on justice.
Currently bringing a claim at the Employment Tribunal is free for all parties and has been since 2017 when the last fee regime was removed. The Government intends to change this bringing Employment Tribunal users on the same footing as users of other Courts and Tribunals who already pay fees.
Aim
The aim is to contribute to the continuous improvement of His Majesty’s Courts and Tribunals Service and reduce the cost to the taxpayer in funding these services.
Fee
The proposed fee is intended to be modest at the cost of £55 to bring an Employment Tribunal claim in the first instance and the same for an Employment Appeal Tribunal claim. Where the claim is brought by multiple claimants the fee remains at £55 and the claimant will be treated as a single entity.
The £55 fee will cover the entire process and no other fees will be payable after the issue fee has been paid, this is unlike the previous regime where a second fee was payable prior to the final hearing.
As with other Court and Tribunal jurisdictions, those who cannot afford to pay the proposed fees will be supported by the ‘Help with Fees’ Government scheme.
Impact of change
The consultation sets out that the fee introduction should generate between £1.3 to £1.7 million per year from 2025/26 onwards towards the £80 million annual cost of Employment Tribunals.
Whilst not mentioned in the consultation specifically many employers are likely to welcome the reintroduction of a fee regime even if at a lower level as it may discourage some of the more spurious claims that are issued.
Consultation period
Have your say, anyone can comment on the consultation using this link: Introducing Fees in the Employment Tribunals and the Employment Appeal Tribunal – Ministry of Justice – Citizen Space
The consultation period runs from 29 January 2024 to 25 March 2024.
We’ll keep you updated following the consultation.
If you do have any questions about fees or Employment Tribunal claims generally, please contact one of our Employment team on 01246 555 111 or contact:
Amy Hallam, Head of Employment 0114 3496989 or email amy.hallam@brmlaw.co.uk
Ellie Leatherday, Associate 01246 564 002 or email ellie.leatherday@brmlaw.co.uk
Jade Taylor, Trainee Solicitor 01246 564 058 or email jade.taylor@brmlaw.co.uk
