Fee remission – HMTCS “Help with fees” scheme



The fee remission system (“help with fees”) is administered by Her Majesty’s Courts and Tribunals Service (HMCTS).


A minority of low-paid workers will qualify for remission (full or partial exemption from the fee) under this scheme. It is not generous (see page 494).


The process of applying for “Help with fees” has recently been simplified a little and it is now possible to apply for fee remission either:


• online, following the link to the “Help with fees” online service – https://www.gov.uk/get-help-with-court-fees; or


• by completing and posting an “Apply for help with fees” form (EX160). The form can be completed online, printed off and signed, or printed off in blank and completed in manuscript. Either way, it must be signed and posted to the Employment Tribunal Central Office (England and Wales), PO Box 10218, Leicester, LE1 8EQ. 



A good source of step-by-step support when applying for Help with fees is the Citizens Advice webpage: Employment Tribunals – how to apply for help with fees (https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/what-will-it-cost-to-make-a-claim-to-an-employment-tribunal/employment-tribunals-how-to-apply-for-help-with-fees).


The EAT has ruled that an online tribunal claim form ET1 that is submitted before the claim deadline date will be valid if the claimant ticks the box on the online Form ET1 to confirm that they intend to apply for “help with fees”, even if the completed manuscript "help with fees" form does not reach the tribunal until after the deadline date has passed, provided it reaches the tribunal within seven days of the claim deadline date (Deangate Ltd v Hatley & Others (secretary of State intervening) [2015] UKEAT/0389/14/DM). Any later, and the claim will be rejected. A tracked postal method should be used.


A tribunal claim form that is submitted by the claim deadline will be in time if the claimant has made a valid application for fee remission but is later assessed not to qualify.



Claimants must submit a separate application for “Help with fees” for each fee, i.e. one for the issue fee, another for the hearing fee, and so on.


When applying for “Help with fees”, applicants must self-assess their eligibility, by completing Form EX160 (Apply for help with fees). They no longer need to submit paperwork (such as bank statements, payslips or letters from the DWP) to support their application.


HMCTS will check directly with the DWP as to 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, so it is 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 benefits (e.g. in the last few days) will need to provide a letter from the Job Centre.


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 whose household income or capital exceeds either threshold must pay the fee in full.