Monthly Archives: July 2012

Implementation of Employment Tribunal Fees

On 13 July In the past week the Ministry of Justice published its plans for the introduction of fees in employment tribunals following consultation. It is currently planned that these fees will be introduced in the summer of 2013 whereas currently it is free to bring an employment tribunal claim.

Two main fees will be introduced, the first payable at the issue of the claim and the second, the hearing fee, payable around four weeks prior to the hearing taking place.

These fees will based on two fee levels which apply depending on the nature of the claim.

Level 1 will include claims for unpaid wages and holiday pay.  The fee will total £390 (£160 paid to lodge the claim and £230 for the hearing).

Level 2 will include unfair dismissal, discrimination and detriment claims. The fee will total £1200 (£250 to lodge a claim and £950 for the hearing). 

Mediation by a judge will cost £600 rather than the £750 proposed in the consultation document.  

Those on low incomes will be excused part or full payment.

Fees to use the employment tribunal will be payable in advance, and most types of fee will only apply to the person bringing the claim.  The tribunal will have the power to order the unsuccessful party to reimburse the fee to the successful party.  No separate fee will be charged for seeking written reasons for a tribunal’s decision. Those on low incomes can be excused full or part of the proposed payments.

There are no changes to the original proposals to apply fees to the Employment Appeals Tribunal (a £400 issue fee and £1200 hearing fee).  

Analysis of Employment Tribunal Statistics 2011-12

The latest employment tribunal statistics have just been published for 2011-12.  Careful analysis shows changes that buck the trends of recent years.  There has been a decrease overall in claims submitted over the last couple of years and the figures show that there has been a 15% drop this year. 

There has been a 19% fall in multiple claims which is probably accounted for in the reduction of collective redundancies compared to several years ago.

The number of unfair dismissal cases has dropped over the previous twelve months however the number of claims for failure to inform and consult in a TUPE situation has risen which shows employers are failing to undertaken their obligations related to this complicated piece of legislation which the government is seeking to simply. 

The number of cases being disposed of during 2011-12 is 10% less than the previous year although 75% of cases have been disposed of within 32 weeks or less.

The report also sets out the number of claims received by employment tribunals under each jurisdiction in 2011-12.
Nature of claim

Number of claims

Unfair dismissal


Unauthorised deduction of wages


Breach of contract


Sex discrimination


Working Time Directive (2003/88/EC) (previously the Working Time Directive (93/104/EC)


Redundancy pay


Disability discrimination


Failure to inform and consult on redundancies


Equal pay


Race discrimination


Written statement of terms and conditions


Written statement of reasons for dismissal


Written pay statement


Failure to inform and consult on transfer of an undertaking


Suffered a detriment or unfairly dismissed due to pregnancy


Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551)


National minimum wage


Discrimination on ground of religion or belief


Discrimination on ground of sexual orientation


Age discrimination