Unfair dismissal - a legal guide for union reps (November 2014)

Chapter 8

Tribunal fees

[ch 8: pages 72-73]

Since July 2013, a tribunal fee of £250 (2014-15) must be paid to issue a claim for unfair dismissal. If the claim cannot be settled, a further fee of £950 (2014-15) must be paid for the claim to be heard. There are further fees for appeals and preliminary hearings.

Some low paid employees may qualify for fee remission (means-tested reduction or waiver of the fee). The remission system is complicated and ungenerous. A claimant aged below 61 with household capital exceeding £3,000 is not eligible for remission. The equivalent capital threshold for workers aged 61 or over is £16,000 (2014-15). Since “capital” includes all savings — even a lump sum redundancy payment or pay in lieu of notice — many recently dismissed claimants will fail to qualify for fee remission.

More information on fee remission: Information about income and capital threshold tests, documents needed to prove eligibility and the application process is available from the website of the Ministry of Justice (https://www.justice.gov.uk/courts/fees).

Many trade unions have put arrangements in place to loan the tribunal fee to members provided conditions set by the union are met, to be repaid if the claim succeeds. Members who qualify for fee remission should always apply for it regardless of arrangements put in place by their union.


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