Fee remission (Ministry of Justice ‘Help with Fees’ scheme)


A minority of low-paid workers will qualify for remission (full or partial exemption from the fee). The remission scheme is not generous. 


Applications for fee remission are made to HM Courts and Tribunals Service (HMCTS). Claimants must submit a separate application for each fee, i.e. one application for the issue fee, another for the hearing fee, and so on. In 2015, HMCTS made some changes to the fee remission system, called “Help with Fees”, to simplify the process. The Apply for Help with Fees Form (EX160) and guidance — How to Apply for Help with Fees (Form EX160A)are now available online. Applicants must “self-assess” their eligibility for full or partial fee exemption by completing form EX160. They no longer need to submit paperwork (such as bank statements, payslips or letters from the DWP) to support their application. 


Once the form has been completed, HMCTS will check directly with the Department for Work and Pensions (DWP) whether a claimant is in receipt of the state benefits that qualify them for “Help with Fees” , and whether their income makes them eligible. Some applicants may still be asked to supply paperwork as part of their application process, so it remains important to keep all pay and benefits documents. These will be needed anyway, to prove the value of the tribunal claim and to support any claim for lost earnings. A claimant who has very recently started receiving the benefits (e.g. in the last few days) will need to provide a letter from the Job Centre.


The Citizens’ Advice Bureau website has good guidance on working out whether you are likely to qualify for “help with fees” and making the application.


Applying online for fee remission is not possible. Instead, Form EX160A can be completed online, printed off, signed and posted to the Employment Tribunal Central Office. It must arrive at the latest within seven days of submitting the online claim (as explained above). A tracked postal method should be used.


Two threshold tests must be met to qualify for government “help with fees”: a capital and an income threshold. Both look at household rather than individual capital and income. Anyone who exceeds either threshold must pay the fee in full.