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

Breck to deliver £150m of affordable homes over four years Breck Development In Progress

Breck to deliver £150m of affordable homes over four years

18 Jul 2024

2

Business board launches to support county's economic growth Lancashire Business Board

Business board launches to support county's economic growth

18 Jul 2024

3

Thirteen new contract wins in three months for seoBusiness SeoBusiness Contract Wins

Thirteen new contract wins in three months for seoBusiness

19 Jul 2024

4

Blackburn Hotspots: Filling a big hole Blackburn Hotspots Lineup

Blackburn Hotspots: Filling a big hole

19 Jul 2024

5

GoDaddy chief returns to Lancaster to collect honorary degree Aman Bhutani

GoDaddy chief returns to Lancaster to collect honorary degree

19 Jul 2024

Bec Web Strip 980x120
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
Lancashire Built Environment Conference
BEC 315 X 315 Px
Networking
25 Sep 2024

Lancashire Built Environment Conference

Conference and Exhibition Centre, Winter Gardens Blackpool, FY1 1HL

08:30 - 13:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

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

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 1
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
30 Jul 2024 - 08 Oct 2024

Skills Bootcamp in Procurement - Cohort 1

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Freelancer MeetUp and Coworking Day
Screenshot 2024-06-13 at 13.55.10.png.png
LBV Hub Networking
30 Jul 2024

Preston Freelancer MeetUp and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Scaling your revenue: From zero to £1m in 60 months
CBP-logo LBV.png.png
LBV Hub Webinar
31 Jul 2024

Scaling your revenue: From zero to £1m in 60 months

Online, Online, Online

08:00 - 09:30

Chamber Breakfast Networking
Chamber Logo1.png.png
LBV Hub Networking
31 Jul 2024

Chamber Breakfast Networking

Pye Motors, Morecambe, LA3 3PF

08:00 - 10:00

Online Women's Health Clinic
clinic.png.png
LBV Hub Webinar
06 Aug 2024

Online Women's Health Clinic

x, Online, x

12:00 - 12:00

International Coworking Day Open Day
1.png.png
LBV Hub Social
09 Aug 2024 - 09 Aug 2024

International Coworking Day Open Day

Society1 Coworking Space, Prestin, PR1 3 LT

10:00 - 13:00

Knowledge & Networking: Basic Digital Marketing
Chamber Logo1.png.png
LBV Hub Seminars
12 Aug 2024

Knowledge & Networking: Basic Digital Marketing

Lancaster Golf Club, Lancaster, LA2 0AJ

14:00 - 13:00

Understanding Menopause
menopause.png.png
LBV Hub Webinar
15 Aug 2024

Understanding Menopause

x, Online, x

12:30 - 13:15

Sub36 Networking Event - The Bee Centre
Sub36 Socialbee Centre
Networking
15 Aug 2024

Sub36 Networking Event - The Bee Centre

The Bee Centre, Chorley, PR6 8LZ

15:00 - 17:00

Mini Networkers - Family Fun Morning
CBP-logo LBV.png.png
LBV Hub Networking
16 Aug 2024

Mini Networkers - Family Fun Morning

Community & Business Partners CIC, Blackburn, BB2 3UA

10:00 - 13:00

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 LBV116 Online Graphic
Subscribe now

Weekly news bulletin