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Income threshold
[ch 13: pages 494-496]Claimants who are not receiving passported benefits must meet a gross monthly household income test. The threshold varies depending on whether someone is single and/or has dependent children. For example, to qualify for full remission, a childless couple must earn less than £1,245 gross per month (for a single person with no children, the amount is £1,085).
Consultation on changes to the income threshold
As a small concession to the collapse in tribunal claims following the introduction of fees, in its review of tribunal fees published in January 2017 the government has announced a consultation on raising the income threshold for full fee remission from £1,085 to £1,250 for a single person. The government has based this figure on the gross monthly income of a single person over the age of 25 working full-time for the national living wage (NLW)).
However, there is no commitment to increase the income threshold annually in line with increases to the NLW. Instead, the government will “keep the level of fees and remissions… under regular review”. No changes are to be made to the capital threshold. Consultation closed on 14 March 2017.
The government also intends to publish revised guidance on the Lord Chancellor’s power to remit fees in “exceptional circumstances”.
Full details as to the different income thresholds can be found in Form EX160A How to apply for help with fees, available online or from Citizens Advice.
If a request for “Help with fees” is unsuccessful, there is a two-stage appeal process, first to the Delivery Manager within 14 days of the refusal letter and second to the Operational Manager whose decision is final.
Claimants can apply for a refund if they have paid their fee and it later turns out that they qualified for “Help with fees” after all, but only if they apply within three months.
Eligibility for a refund depends on income and capital at the date the fee was paid, and takes no account of later changes in a claimant’s financial situation.
A successful party can generally expect to recover their tribunal fee from the other side, but the EAT has a broad discretion to decide whether to order payment and can take into account, for example, the other party’s means (Horizon Security Services Limited v Ndeze [2014] UKEAT 0071/14/1806, Old v Palace Fields Primary Academy [2014] UKEAT 0085/14/17100).
Many trade unions have made arrangements to loan the tribunal fee to members if conditions are met, for example, as to the prospects for success of the claim, to be repaid if the claim succeeds. Members who qualify for remission under the “Help with fees” scheme should always apply for it, regardless of any arrangements put in place by their union.
In September 2015, the Scottish government promised to abolish tribunal fees as part of the transfer of employment tribunal powers under the Scotland Act 2016, once it is clear how the transfer of powers and responsibilities will work and following a consultation. There are no tribunal fees in Northern Ireland.