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Employees now have to pay to bring a claim in employment tribunals? Fair?

Employees now have to pay to bring a claim in employment tribunals? Fair?

Changes to the law mean that employees now have to pay a fee to make a claim to an Employment Tribunal,  a process that until 29 July 2013 was free. Depending on the type of claim, there will be different fees to pay (known as Type A & B Claims)

For each claim, there will be two sets of fees to pay. The first fee is payable when you submit your claim.  If your claim goes to a hearing, you'll have to pay a second fee before the final hearing to decide the outcome of your claim.

Type A claims cover straightforward claims, such as unpaid wages, redundancy pay, holiday pay, equal pay and notice pay. You'll have to pay £160 for the issue fee to start the claim, and £230 for the hearing fee.

Type B claims cover more complicated claims such as unfair dismissal, discrimination and whistleblowing. You'll have to pay £250 for the issue fee to start the claim and £950 for the hearing fee.

There has been widespread criticism of the introduction of fees, so much so that Unison have applied for a judicial review on the decision.  On the one hand it will reduce the number of frivolous claims by vexatious employees, but it may also be prohibitive on those employees who have genuine claims and cannot afford the fees eg., because they haven't been paid! 

Those receiving certain benefits or are on a low income can apply for a fee remission (waiver of the fee) but they have to satisfy certain guidelines to qualify.

If you have a dispute with an employee, or would like to talk about any employment matters please call on my direct line (01273 447069) or email me at Nicole.Humphreys@acumenbusinesslaw.co.uk.

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