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/ 18 Jul 2013

Employment Law Changes – Countdown to 29 July 2013 Part One: Fees

On 29 July 2013 wide reaching changes to the employment law will come into force. The most eye catching change is of course the introduction of Employment Tribunal fees. From 29 July 2013, Claimants will have to pay an issue fee when bringing a claim and will also be subject to a larger fee prior to the hearing date.

As discussed in an earlier blog the fees are as follows:

“Type A” – sums due on termination of employment e.g. unpaid wages, payment in lieu of notice and redundancy payments
Issue Fee: £160
Hearing Fee: £230

“Type B” – include unfair dismissal, discrimination, equal pay and claims arising from Public Information Disclosure Act
Issue Fee: £250
Hearing Fee: £950

The Government have published a Guidance Leaflet which clarifies some of the practical issues. There will be no extension of the time limits in which to bring a claim as the Government believe that paying the fee and/or applying for a remission “should not cause parties to fail to meet existing time limits”. Fees will be payable by debit card or credit card via a new online interface at the time at which the claim is submitted.
There will be a remission system and the Government are due to provide further clarification on exactly how this will work in practice in the near future.

The decision to introduce fees is a controversial one and is subject to judicial reviews in both England and Scotland. The Court of Session in Scotland did not grant an interim interdict (injunction) this week which would have prevented fees being introduced although a full judicial review will take place later this year. In England and Wales, UNISON’S application for judicial review has been fast tracked.

In the meantime, fees will become a reality on 29 July 2013. Any claim presented on or after 29 July will attract the fees listed above.

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