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Do I have to pay a fee to bring a claim against my employer? 

Rebecca Lake, Partner at Davenport Lyons solicitors answers: 

For all claims submitted to the Employment Tribunal on or after 29 July 2013, Claimants will have to pay a fee both to issue their claim, and an additional fee to proceed to a full hearing. A Claimant who cannot afford to pay the fee will have to apply for a fee remission and must be able to demonstrate that they are unable to pay the fee.

There are two levels of fees:

Type A claims

Issue fee         £160

Hearing fee     £230

Type B claims

Issue fee         £250

Hearing fee     £950

Type A claims will tend to be those of low value, generally on termination of employment, which are not complex (for example, claims for unlawful deductions from wages).  

Type B claims will include all other claims such as unfair dismissal, discrimination and whistle blowing claims.

Tribunals will be able to reject a claim form if it is not accompanied by a fee or a remission application. If a hearing fee is not paid or is lower than the applicable fee, the tribunal will write to the Claimant and specify a date by which payment must be made. If the amount is not paid on time, the Tribunal must reject the claim but tribunals will have the discretion to reinstate it once the correct fee has been paid at a later date.

Unlike the usual position on costs in the Tribunal (where each side must bear their own, win or lose, except in exceptional circumstances) these new fees may be recovered from the unsuccessful party where the Judge exercises their discretion to order as such.

This answer was given on 26 July 2013. It updates an earlier answer about fees given in May 2013.

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IMPORTANT: The contents of this page are for guidance only and do not constitute legal advice. You should consult a solicitor without delay if you require legal advice on a particular employment matter.

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