Will Employment Tribunal Fees Be Reintroduced?

The UK government has launched consultations on the reintroduction of fees for claimants who want to bring a claim in the Employment Tribunal (ET) and appellants bringing an appeal in the Employment Appeal Tribunal (EAT).

The proposed fees would apply to claimants and appellants, regardless of the type of claim or the track under which a case is categorised.

The Ministry of Justice is proposing the following in relation to each type of fee:

Claim Issue Fee – ET

  • A £55 issue fee payable by the claimant on bringing a claim to the ET;
  • Where a claim is brought by multiple claimants, the fee would remain at £55 and 'the claimant' would be treated as a single entity. The cost of the fee could therefore be divided among all the claimants involved, as agreed between them.

Appeal Fee –EAT

  • A £55 fee payable by the appellant upon lodging an appeal in the EAT;
  • The £55 fee would be payable per judgment, decision, direction or order of an ET being appealed. For instance, if a notice of appeal includes appeals against two ET decisions, the total fee payable would be £110.

According to the proposal document, exemptions will apply in instances where individuals are required to bring proceedings before an ET to establish their right to a payment from the National Insurance Fund.

Details on the consultation and how to respond to the proposals can be found on the Government's website.