21st March 2014

Put Your Money Where Your Claim Is

With the recent news that Employment Tribunal claims are down by a huge 79% since the Government introduced Tribunal fees, it is clear that the fees are posing a deterrent to many employees who would have otherwise intimated a claim. It may come as bad news to certain employees that from 6 April 2014, tribunal fees for certain types of claim will rise. The new Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 SI 2014/590 makes amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 SI 2013/1893 and applies the higher ‘Type B’ fees to certain types of claim which currently attract the lower ‘Type A’ fees. The Government is making this change because in the 2013 Fees Order, certain types of claim were wrongly inserted as Type A claims instead of Type B.

These changes will affect the applicable types of claim if they are presented on or after 6 April 2014 but will not affect claims presented before that date. Where a claim is made by a single claimant and it is a Type A claim, the Issue Fee is £160 and the Hearing Fee is £230, but for a Type B claim the Issue Fee is £250 and the Hearing Fee is £950.

The new Order applies the higher issue and hearing fee to:

  • a complaint in relation to a breach of a sex equality clause under section 66 of the Equality Act 2010
  • a complaint in relation to a breach of, or application in relation to the effect of, a sex equality rule in an occupational pension scheme under section 67 of the Equality Act 2010,
  • a complaint in relation to failure of an employer to inform or consult under regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246),
  • a complaint that an employer has refused to allow compensation, payment or compensatory rest under regulations 24, 24A, 27 and 27A of the Working Time Regulations 1998 (SI 1998/1833), and
  • a complaint that an employer has failed to allow time off for studies or training or if a refusal is based on incorrect facts under sections 63D to 63I of the Employment Rights Act 1996 (c.18).

It is also worth noting that the new Order also substitutes a new table of Type A claims in Schedule 2.

Cheryl Hogg
Trainee Solicitor

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