News and Events

Employment Tribunal Fees

  • Posted

The Employment Tribuals and the Employment Appeal Tribunal Fees Order 2013 is now available to view. It's fairly short; it simply sets out the level of fees and includes information about remission in Schedule 3. 

Three points to note:- 

  •  it states the 'hearing fee' will fall due on a date set out in the employment tribunal's notification of hearing date (which does not deal with the question of whether it falls due shortly after the hearing date is set, or a certain number of weeks before the hearing - they could be months apart). 
  • it is technically silent on the consequences of failure to pay the hearing fee. But there is a mention, in connection with multiple claims, that another member of the multiple can avoid the claim being "struck out" by paying the fee - which strongly suggests the penalty is a strike out. There is no indication of whether (and how) a case can be reinstated if the fee is paid late. Hopefully this will be dealt with in the (as yet unseen) procedural regulations. 
  • the nomenclature has changed: 'level 1' and 'level 2' claims are now 'type A' and 'type B' claims.