Tribunal Reform July 29th – employees must pay!

July 12, 2013

The Government has now confirmed the date for its reforms to the Employment Tribunal. As of 29th July 2013 fees will be implemented for any claims and appeals made to the Employment Appeal Tribunal (EAT). This will not be applicable for claims that are already in the system.

Two main charging points will be introduced: the first will be made when the claim is issued; the second will be made before the final hearing, yet will only apply for claims reaching this stage.

The different levels of charges have now been confirmed to stand at:-

Level 1/Type A- Issue fee of £160 and a hearing fee of £230 Simpler claims e.g wages claims/failure to consult under TUPE

Level 2/Type B- Issue fee of £250 and a hearing fee of £950

More complex claims e.g unfair dismissal, discrimination etc..

Fees payable for levels 1 and 2 will be subject to change in the case of multiple claims.

There will be one simple fee for lodging an appeal to the EAT. This will be as follows:-

A £400 issue fee and a hearing fee of £1,200.

Claims will not be able to commence or continue until the applicable fees have been paid, time limits will not be extended to give the claimant time to pay the fee/s.

Financial penalties on employers for tribunals carried out on or after 25th October 2013 will also be enforced. These are only provisional at the moment but they are currently thought to be:-

A penalty between £100 and £5,000 to the Secretary of State if the tribunal concludes that the employer has breached any worker’s rights (specific to the ‘worker’, not the ‘employee’) and further considers there has been a ‘aggravating factor’.

It is important to note that this fine will be halved if it is paid within 21 days of the tribunal’s decision being sent to the employer.

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