UK: Consultation on tribunal fees

The Ministry of Justice has launched its consultation, Charging Fees in Employment Tribunals and the Employment Appeal Tribunal, seeking views by 6 March 2012.  It sets out two options for charging fees in the employment tribunal. 

The first option (which, it is suggested, could be introduced in 2013) proposes an issue fee (of between £150 and £250) and a hearing fee (of between £250 and £1,250), the level of which would depend on the nature of the claim. 

The second option (which would take until 2014 to implement) is to impose a fee only on issue of between £200 to £600 if the claimant states their claim to be worth less than £30,000 (in which case the tribunal would not be able to award more than this), otherwise £ 1,750.  

Under both options:

• there would be additional fees of up to £750 for specific applications eg for written reasons, to counterclaim or for judicial mediation
• the fees would be capped where there are multiple claimants
• there would be a fee remission scheme for those who cannot afford the fees
• the unsuccessful party would normally be ordered to bear the cost of the fees. 

In the EAT, there would be an issue fee of £400 and a hearing fee of £1,200.