New Employment Tribunal Rules came into force on 29th July 2013
On 29 July 2013 new rules were introduced into the employment tribunals. This guide explains the new changes
and how they could affect your claim to an employment tribunal.
What fees do I have to pay?
Perhaps the most significant is the introduction of issue and hearing fees
. Under the new rules you will now be charged a fee to bring a claim, to proceed to a hearing and a further fee
if you want to appeal against the decision.
If you want to issue a straightforward claim against your employer for unpaid wages or redundancy
it will now cost you £160 and a further £230 in hearing fees.
If your case is more complicated and about unfair dismissal, discrimination or equal pay
then your issue costs will be £250
and your hearing fees £950.
Other fees now also apply for judicial mediation, counter-claims and lodging claims at the Employment Appeal Tribunal.
What if I cannot pay the fees?
You can put in a remission application
and depending on your circumstances, the tribunal may waive the fees in part or in full.
How do I pay the fees?
Your claim must be accompanied by a fee or fee remission application, otherwise it will be rejected by the tribunal
If you submit your claim online then you can pay by credit or debit card
. If you prefer to pay with a cheque or postal order, ensure you send it with your claim form to the Employment Tribunal Central Office in Leicester.
You can also hand-deliver your claim form
with a cheque to some employment tribunals.
The judge may order the losing party to pay the successful party's fees
- but this is not automatic.
Guidance on fees and the addresses for Employment Tribunal offices can be found at: http://www.justice.gov.uk/downloads/tribunals/employment/et-fees-factsheet.pdf
Why has my claim been rejected?
Your claim will be rejected if it does not contain the required information
or the fees are not paid. It can also be rejected if the tribunal does not have jurisdiction or if your claim form cannot 'reasonably be responded to'. Unfortunately as yet there is no guidance on what this means
but it could mean, for example, that your claim is ineligible or unclear.
Similarly your responses can be rejected if they do not have the required information
or are submitted late.
All rejections will explain how you can apply for a reconsideration
of the decision.
What is the process for my employment claim?
A judge will review all of the documents provided and consider whether any part of your claim or response should be dismissed
At this stage the employment judge may also make directions necessary
to prepare the case for a final hearing.
Do I need a solicitor?
As there are a number of other changes which have been brought in, it is important that you carefully review the new rules
of procedure. The aim of the new rules is to place the costs burden on the parties
A solicitor can help you with employment tribunal claims
and explain your chances of success, so you are not spending money unnecessarily. So if you are an individual facing problems at work or you are part of a trade union looking for assistance, then legal advice can answer all your questions
You can read the new rules in full here: http://www.legislation.gov.uk/uksi/2013/1237/schedule/1/made