Tribunal fees


All claims in the employment tribunal carry a mandatory fee. A few low-paid claimants will qualify for fee remission, now called “Help with Fees” (i.e. full or partial reduction of the fee). There is an issue fee when the claim is presented and then a hearing fee, which must be paid shortly before the main hearing. Only the claimant pays these fees — not the employer. There are also fees for any appeal.


It is not currently possible to apply for fee remission online. Instead, a claimant who wants to submit a tribunal claim online and who needs to apply for fee remission must tick the box on the online ET1 Claim Form to confirm that they intend to apply for fee remission and then complete and sign application form EX160 — Apply for Help with Fees (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/508760/ex160-eng-20160212.pdf) — which must be posted to the tribunal office. Form EX160 is available to download from the Ministry of Justice website. 


The EAT has ruled that an online tribunal claim will be valid as long as a claimant ticks the box on Form ET1 confirming that they intend to apply for fee remission, submits their claim online before the claim deadline date and then posts the completed Form EX160 in time to reach the tribunal within seven days (Deangate Ltd v Hatley & Others (secretary of State intervening) [2015] UKEAT/0389/14/DM). If the completed remission form does not reach the tribunal offices within seven days, the claim will be rejected. For information on how to apply for remission and where to send the application form, see below. It is vital never to leave issuing a claim to the last minute.


A tribunal claim form submitted by the claim deadline will still be in time, even though it is not processed by the tribunal until after that deadline has passed, and even if a claimant who applied for fee remission is later found not to qualify.


Where a claim is rejected because of a failure to pay the correct fee or to make a valid application for remission, time will continue to run. Any new claim must be submitted within the original time limit or it will be out of time and will be dismissed (unless an extension of time is granted). 


No claims are exempt from tribunal fees, even those that are equal to, or less than, the value of the fee. There are no refunds, even if a case settles immediately. 


The fee can be paid online when making a tribunal claim online, following the link on the Gov.uk website: Make a claim to an employment tribunal (https://www.gov.uk/employment-tribunals/make-a-claim). The claimant will need a payment reference, supplied by the Employment Tribunal or Employment Appeal Tribunal Office. 


Alternatively, tribunal fees can be paid by cheque or postal order payable to HM Courts & Tribunals Service and posted, together with Claim Form ET1 (see below), to the Employment Tribunal Central Office (or in Scotland, to the Employment Tribunal Central Office Scotland). Fees cannot be paid in cash. 


There are two levels of claim when calculating tribunal fees, called “Type A” claims and “Type B” claims. 


Type A Claims: these include claims for unauthorised deduction from wages, notice pay, redundancy pay, written pay statement, holiday pay, paid time off to attend ante-natal appointments or to exercise the statutory right to be accompanied. These claims have an issue fee of £160 and a hearing fee of £230. 


Type B Claims: these include claims for unfair dismissal, discrimination and whistleblowing and have an issue fee of £250 and a hearing fee of £950.


Where a Claim Form includes two types of claim, for example, a claim for unfair dismissal and unlawful deduction of wages, only one fee, at the higher level, must be paid.


Where there is more than one respondent, for example, a discrimination claim against an employer and a co-worker, only one fee must be paid. 


There are special rules for multiple claims:


• between 2-10 claimants, the fee is twice the fee for single claims;


• for 11-200 claims, the fee is four times the fee for single claims; and


• for 201+ claimants, the fee is six times the fee for single claims. 


There is also a fee for Judicial Mediation: £600 paid by the employer.