From Monday 29 July 2013, fees are payable for the first time to bring a claim in the Employment Tribunal (“ET”) or issue an appeal in the Employment Appeal Tribunal (“EAT”).
ET claims are divided into two types with different fee levels payable both when the claim is issued and when it finally goes to tribunal. Here is a brief summary of the fees:
|Claim Type:||ET Claim –
|ET Claim –
|Typical claims||– Breach of contract
– Unpaid wages
– Redundancy payments
– Unauthorised wage deductions
|– Unfair dismissal
– Equal pay
|Fee to ask the ET to
reconsider it’s decision
Individuals with limited means can apply for full or partial fee remission, however this will have to be done for each fee payment as it falls due.
Full Fee Remission
Full fee remission is available where individuals receive one of the following state benefits.
- Universal Credit
- Income Support
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Pension Credit guarantee credit
- Working Tax Credit but not also receiving Child Tax Credit
- Scottish Civil Legal Aid
Evidence of receipt of the benefit will be needed, and will need to be sufficiently recent.
Full fee remission is also available where gross annual household income falls below a certain level. This level starts from £13,000 for a single person with no children and rises to £29,720 for a couple with 4 children (+£2,930 for each additional child).
Partial Fee Remission
Partial fee remission may be available depending on household disposable income. To claim this, a detailed financial statement must be completed which takes gross income and deducts certain allowable expenses. As with full remission, proof of income and expenses will need to be provided.
It is possible for a claimant to apply for a refund of fees paid if they can prove that they were eligible for remission at the time the fee was paid.
The new fee regime is complicated and potentially confusing. For expert employment law help and advice, contact Backhouse Solicitors today and we will explain everything in plain, no-nonsense language.