A re-introduction of Employment Tribunal Fees

A re-introduction of Employment Tribunal Fees

Between 2013 – 2017, Claimants were required to pay a fee to bring a claim in an Employment Tribunal against their employer. Since then, bringing a claim in the Employment Tribunals has been free of charge.

However, the government has recently issued a consultation paper on re-introducing a one-off fee of £55.00 to bring a claim in the Employment Tribunal (ET) and start an appeal in the Employment Appeal Tribunal (EAT). Where a claim is brought by multiple claimants, the fee would remain at £55 and ‘the claimant’ would be treated as a single entity.

The government’s rationale behind the re-introduction of tribunal fees is that:

• It will help protect access to justice for everyone by making resources available for the efficient and effective running of the courts and tribunals service;
• The civil courts in England & Wales have charged fees for many years and this will place Employment Tribunal Claimants on an equal footing; and
• ACAS is almost entirely funded by the taxpayer, thus the cost of the fees can be used to reinvest into the service and reduce the cost to the taxpayer.

The government have considered various exemptions as to when a fee would be payable, such as if an individual is required to bring proceedings before an ET to establish their right to a payment from the National Insurance Fund. Moreover, any person who is single, with no children and has less than £4,250 in disposable capital and a gross monthly income of £1,420 or less would be eligible for full remission of their ET or EAT fee. Similarly, those who are single with no children, with less than £4,250 in disposable capital and gross monthly income of £1,420 or more up to and including £1,520, would be eligible for a partial fee remission. There is also an Exceptional Power to remit fees may be available to those claimants who are ineligible for ‘Help with Fees’ but are nonetheless unable to afford the fee.

It remains that parties will be liable for their own legal fees, save for very limited circumstances, even if they win their case.

It is evident that the government is attempting to strike the balance between affordability, funding and access to justice. Do you support the government’s proposal? We would welcome your thoughts.

The government’s Consultation closes on the 25 March 2024. You can find out more information here: https://www.gov.uk/government/consultations/introducing-fees-in-the-employment-tribunals-and-the-employment-appeal-tribunal

How Kerseys Solicitors can help?

If you have any enquiries, please contact Annalie King, Partner and Head of our Employment Law team or Rosie Brighty, Trainee Employment Solicitor at Kerseys Solicitors. You can contact Annalie King or Rosie Brighty by telephone at Kerseys Solicitors in Colchester 01206 584584,  Kerseys Solicitors in Ipswich 01473 213311 or  Kerseys Solicitors in Felixstowe on 01394 834557 or email us at [email protected].  

Kerseys Solicitors are just a click away visit our website and click “Call Me Back” and a member of our employment team will be happy to contact you at a time that is convenient to you.