Tribunal Rules

Overview of the new Employment Tribunal Fee Rules

From the 29 July 2013 onwards, a person making an Employment Tribunal claim will be liable to pay a fee when the claim is submitted to the Tribunal (an “Issue Fee”), and will also be liable to pay a further fee when a final Tribunal hearing is due to take place (a “Hearing Fee”). There are also some other, less frequently incurred, fees to pay.

This new requirement is the culmination of Government consultations which took place in 2012 with the stated aim of reducing the number of Employment Tribunal claims and producing income which will help towards the cost of running the Tribunal Service.

Key Points:

• It is the claimant who must normally pay both the Issue and the Hearing Fee.
• Paying the Fees is a strict condition of commencing proceedings/obtaining a Hearing.
• Time limits for payments will be strictly enforced - extensions of time will not be given.
• The Tribunal will normally order the losing party to reimburse the successful party’s Fees, but this is not mandatory.
• If a claim is settled by negotiation, the Tribunal will not reimburse any Fees already paid. 
• There are a number of fee levels and provisions for multiple claims (see Issue and Hearing Fees and Multiple Applicants) but the typical Issue Fee will be £250, and the typical Hearing Fee will be £950.

Since the fees are substantial, losing Claimants may face serious financial consequences, and Claimants and their advisors will in any event need to consider how Fees are going to be financed until the Tribunal proceedings are concluded.