All individuals who are pursuing claims at the Employment Tribunal will now have to pay both an issue fee and a hearing fee. The individual pays the fees and not the employer. The fees will apply to all claims started after 29 July 2013.
The particular fees payable will depend on whether the claim is a type A claim or type B claim. Type A claims are the lower value often more simplistic claims such as breach of contract, unpaid wages, holiday pay and redundancy pay. Type B claims are the more substantial claims such as unfair dismissal, discrimination and detriment claims.
The particular fees payable by the individual at the Tribunal are:
|Fee Type||Type A Claims||Type B Claims|
The Tribunal will not accept the claim if the issue fee is not paid. Similarly, if the hearing fee is not paid the hearing will not take place. However, those individuals that genuinely cannot afford to pay the fees can apply for a remission certificate and if they are successful they will avoid paying the whole or part of the relevant fee.
Fees are now also payable in the Employment Appeal Tribunal. There is a fee of £400 to lodge an appeal and another fee of £1,200 for a full hearing. The fees are the same regardless of the type of claim and are payable by the party who is appealing.
Regardless of whether it is a type A or type B claim, the following rates and limits will apply in the Tribunal (as at 1st October 2013):
|Unfair dismissal basic award||£13,500|
|Unfair dismissal compensatory award||£74,200 or 52 weeks gross pay|
|Statutory redundancy payment||£13,500|
|Breach of contract||£25,000|
|Failure to inform or consult over a TUPE transfer||13 weeks gross pay|
|Failure to inform or consult over collective redundancy||90 days gross pay|
|Maternity, Paternity and Adoption|
|Maternity allowance||£136.78 per week|
|Maternity pay||£136.78 per week|
|Paternity pay||£136.78 per week|
|Adoption pay||£136.78 per week|
|Statutory sick pay||£86.70|
|National Minimum Wage|
|Apprentices (if under 19 or in first year of apprenticeship)||£2.68 per hour|
|Age 16 -17||£3.72 per hour|
|Age 18 20||£5.03 per hour|
|Age 21+||£6.31 per hour|