Employment Tribunal Fees
Introduction
In an effort to reduce the cost to the Ministry of Justice of running Employment Tribunals (ET) and Employment Appeal Tribunals (EAT), the government decided to introduce various fees which must be paid, such as when an initial claim is made to the ET or an appeal is lodged with the EAT. Although this scheme could deter serial litigants or those making vexatious claims, employers were also affected by the changes because appeals and various employment tribunal related applications also attract fees.
When are fees payable?
Fees are chargeable for lodging a claim with an ET or an appeal with the EAT. These fees, which came into effect on 29th July 2013, are payable in the following circumstances:
- at issue of claim or appeal and before hearing
- on application for a review of default judgment
- on application to dismiss following withdrawal
- on application for a counter-claim
- on application for review of final decision
- on application for judicial mediation
What are the levels of fees?
Employment Tribunal
The ET claim fees are split into Type A (simpler claims relating to wage deductions, refusals to allow time off etc.) and Type B (more complex claims relating to discrimination, detriment and unfair dismissal etc.) as follows:
| Fee Type | Type A Claims | Type B Claims |
| Issue Fee | £160 | £250 |
| Hearing Fee | £230 | £950 |
Where there are multiple claimants, the fees will be split as follows:
Type A Claims
| 2-10 Claimants | 11-200 Claimants | Over 200 Claimants | |
| Issue Fee | £320 | £640 | £960 |
| Hearing Fee | £460 | £920 | £1380 |
Type B Claims
| 2-10 Claimants | 11-200 Claimants | Over 200 Claimants | |
| Issue Fee | £500 | £1000 | £1500 |
| Hearing Fee | £1900 | £3800 | £5700 |
The application specific fees are as follows:
| Fee Type | Type A Claims | Type B Claims |
| Review of default judgment | £100 | £100 |
| Application to dismiss following withdrawal | £60 | £60 |
| Application for a counter-claim | £160 | N/A |
| Application for review of final decision | £100 | £350 |
| Application for judicial mediation | N/A | £600 |
Employment Appeal Tribunal
EAT are not split into type A or type B, but are simply as follows:
| Fee Type | Fee Level |
| Lodge an Appeal | £400 |
| Full Hearing | £1,200 |
Who pays the fees?
The fees are required to be paid in advance by the party seeking any particular order. Therefore, the claimant or appellant will be responsible for the issue and hearing fees, whilst the respondent will be liable for any applications they choose to make. Judicial mediation will be paid by the respondent. The employment tribunal will have the power to order the reimbursement of any fees by the unsuccessful party to the successful party.
Transitional Provisions
Any claims issued since 29th July 2013 will attract fees.