Tribunal fees
[ch 4: page 62]Since July 2013, all claims in the employment tribunal carry fees which are paid by claimants only — not employers. The fees are substantial. For example, a claim by a safety rep for failure to pay for or allow time off for training has a £160 fee for issuing the claim and a further £230 hearing fee. A unfair dismissal claim attracts an even higher fee — £250 to issue the claim, followed by a further £950 for a hearing. There are more fees, for example if the claim is appealed.
There is a fee remission scheme (i.e. full or partial financial assistance) in place but it is not generous. It is based on an assessment of household (not individual) income and capital and the thresholds are very low. Many trade unions have made arrangements to loan their members the tribunal fee as long as qualifying conditions have been met – for example that the claim is strong enough. Even if trade union assistance is available, members should always apply for fee remission
There is more detailed information about tribunal fees and remission in LRD’s companion publication, Law at Work www.lrdpublications.org.uk/publications.php?pub=BK&iss=1723.
UNISON challenge to tribunal fees
Public services union UNISON has launched an application for judicial review of tribunal fees and the claim is on-going. The union argues that the introduction of tribunal fees breaches European law by making it exceptionally difficult for claimants to exercise their rights. UNISON also argues that fees discriminate against women, disabled and ethnic minority workers.
The union’s case was strengthened by the release of statistics by the Ministry of Justice revealing an overall 79% collapse in the number of claims between October and December 2013, compared with the same period in 2012.