Introduction of tribunal fees

The government introduced fees to access the employment tribunal at the end of July 2013. All fees are to be paid by workers not employers.

In its Government Response to the consultation on the introduction of fees, the Ministry of Justice demonstrated that no type of claim will be exempt from the required fees.

A claim for failure to pay for or allow time off to carry out safety rep duties or to undertake training will be a “Level 1” claim. This means it will cost a worker £160 to issue the claim and £230 to have the claim heard. The same amount must be paid to enforce a failure to pay the wages of an employee suspended for medical reasons (even if the unpaid wages amount to £230 or less).

Suffering a detriment, or being unfairly dismissed for trying to enforce your right to be accompanied by a union rep, is classified as a “Level 2” claim. As such, an even higher fee is payable. It will cost £250 to enforce this right followed by a further £950 for a hearing.

Unions have described the fees as a disgrace. As the TUC states, “many of the UK’s most vulnerable workers will simply be priced out of justice”. It is clear that in future, collective responses through effective organising must increasingly take the place of individual tribunal claims to enforce the rights of safety reps.