What do employment tribunal changes mean for employers?

By Farleys Solicitors LLP

01 Aug 2013

Significant changes have been brought into force this week in relation to employment tribunal claims. Victoria Mitchell of Farleys explains.

From Monday, it became necessary for an employee who wants to bring a claim against their employer in the employment tribunal to pay fees.

There will now be two fees payable by an employee who wants to bring a claim, an issue fee payable when lodging the claim and a hearing fee payable on a date specified by the employment tribunal when the case is listed for hearing. For most claims, such as unfair dismissal and unlawful discrimination, the issue fee will be £250. The hearing fee will be £950. For smaller claims such as a redundancy payment, breach of contract or unlawful deductions from wages, the issue fee will be £160 and the hearing fee will be £230. For employees on lower incomes or benefits there will be a system by which it will be possible for these fees to be funded. Each case must be assessed on an individual basis before an application for fee remission can be made.

These changes are some of the most significant in employment law for some time and will likely effect the number of claims being brought before the employment tribunal. Failure to submit the fee or an application for a fee remission will prevent a claim being accepted. This combined with the three month time limit is likely to weed out a number of potential claims.

This is not all good news for employers. Where claims are decided in the employee’s favour, the employer is likely to be ordered to pay the claimant the fees they had previously paid to the tribunal. In addition, there will of course be circumstances in which employers themselves will need to pay fees to the employment tribunal.

Employers will have to pay fees in the following circumstances:- When making a breach of contract claim against an employee (£160) When seeking a reconsideration of a judgement (£100 or £350) When applying for judicial mediation (£600) When applying for a case to be dismissed upon withdrawal (£60) When appealing to the Employment Appeal Tribunal (£400 appeal fee and £1,200 hearing fee) Failure to pay the hearing fee will result in the tribunal specifying a date when the fee has to be paid or the case will be struck out. A claimant can apply for a case which has been struck out on this basis to be reinstated.

In addition, where an employer would have previously known within the three month’s following an employee’s exit from the business whether or not a claim would be brought against them; there may now be a delay in this period of notification, especially if a claimant has made an application for fee remission.

Where the time limit for an employee to lodge a claim has not changed, the process of applying for, and being granted, funding is likely to result in additional administrative work, meaning it could be some weeks after the normal three month period until an employer is made aware of a claim being brought against them. In these times of change to the employment tribunal system, it is more important than ever to seek specialist advice in relation to either lodging or defending an employment claim.

Latest news

1

College restaurant honoured with top culinary award from prestigious chefs’ guild Karen Lilley Front Of House Lecturer David McKown David Lyon Scholars Manager And Blackburn College Principal Dr Fazal Dad

College restaurant honoured with top culinary award from prestigious chefs’ guild

10 Jun 2025

2

Cosmetic manufacturer lets new unit on Frontier Park, Burnley Badgequo have agreed to let the site on Frontier Park

Cosmetic manufacturer lets new unit on Frontier Park, Burnley

10 Jun 2025

3

SQ Digital celebrates 25 years and enters new era with CEO appointment Kamal Essa

SQ Digital celebrates 25 years and enters new era with CEO appointment

09 Jun 2025

4

New chair appointed to Atlas BFW Management Graham Cowley

New chair appointed to Atlas BFW Management

09 Jun 2025

5

Napthens makes key appointments to further growth strategy of newly appointed managing director Napthens appointments Jayna Mistry, Onyeka-Obedi and Rebecca Rhodes

Napthens makes key appointments to further growth strategy of newly appointed managing director

09 Jun 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Sub36 Networking
Sub36 Social1200pxandi Lewis
Networking
11 Jun 2025

Sub36 Networking

Mytton Fold Hotel , Blackburn , BB6 8AB

09:30 - 11:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

LBV123 July/August Launch Event
Lancashire Business View magazine launch
Networking
16 Jul 2025

LBV123 July/August Launch Event

Burnley College Industry Hub, Burnley, BB120AN

08:30 - 10:30

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

Preston Freelancer Meet-Up
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

Preston Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The Business Network Central & East Lancashire
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron
BU-June-Event-BRAD-1.jpg.jpg
LBV Hub Networking
18 Jun 2025 - 18 Jun 2025

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron

Blackpool Football Club, Bloomfield Rd, Seasiders Way, Blackpool, FY1 6JJ

08:30 - 11:30

Chamber Business Lunch – June
Chamber Logo1.png.png
LBV Hub Networking
20 Jun 2025 - 20 Jun 2025

Chamber Business Lunch – June

Lancaster House Hotel, Bailrigg, Lancaster, LA1 4GL

11:00 - 13:30

90 day Business Planning Workshop
LBV Event Header.png.png
LBV Hub Seminars
20 Jun 2025 - 20 Jun 2025

90 day Business Planning Workshop

Bolton Arena, Arena Approach, Horwich, BL6 6LB

09:00 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV122 Online Graphic
Subscribe now

Weekly news bulletin