What Tribunal fees are payable?

  • Issue fee (£250 or £160)
  • Hearing fee payable shortly before the case is due to be heard (£950 or £230)

You, as the person presenting their claim at the Employment Tribunal, will need to pay an issue fee at the time you or your Solicitor issue your Tribunal claim unless you are eligible for remission against having to pay the fee.

How much are the fees?

The amount of the fees will vary depending on whether you are bringing a type A or type B claim. The most common type A and B claims are set out below.

Type A claims

These are the more straightforward type of claims.

  • Statutory redundancy payments
  • Unlawful deductions from wages
  • Breach of contract

Type B claims

These are the more time consuming and complex type of claims.

  • Unfair dismissal
  • Discrimination
  • Whistleblowing
  • Equal Pay

The amount of the fees are as follows:

Claim type

Issue Fee

Hearing Fee

A

£160.00

£230.00

B

£250.00

£950.00

Where you may be making a type A claim and a type B claim the type B fees only will be payable. If you are making more than one type A or type B claims only one fee is payable.

Other fees may be payable depending on how your case progresses e.g. if you agree to enter judicial mediation or you make an application for reconsideration of the tribunal decision following the final hearing.

How do I pay my fees to the tribunal?

HM Courts and Tribunals Service will have an online service to take payment of fees. The fees can be paid by debit or credit card. Alternatively payment can be made by cheque or postal order which you can send to the appropriate tribunal office.

What if I cannot afford to pay the fees?

If you pass the Disposable Capital Test are unable to pay any fee that is due to be paid, you may be able to apply for a ‘fee remission.’ This is an exemption from paying the fee if you have insufficient income. Provided you meet the criteria, all or part of the fees will be waived.

Disposable Capital Test

Any employment tribunal fee is unlikely to exceed £1,000, for which the applicable capital threshold is £3,000. If your household (including your spouse or partner) disposable capital is £3,000 or more, you will not be eligible for remission at all, irrespective of your household income or entitlement to benefits. You will therefore have to pay the tribunal fee in full unless exceptional circumstances apply.

If you or (if applicable) your partner are aged 61 or over, you will meet the disposable capital test if your household disposable capital limit is less than £16,000, regardless of the amount of the fee to which your application relates.

Waiving the whole fee

The whole fee will be waived if:

1.       you are receiving the following benefits:

  • Income Support
  • Income-based Job Seekers Allowance
  • Universal Credit (and you’re earning less than £6000 a year).
  • State Pension (with guarantee credit)
  • Income-related Employment and Support Allowance
  • Scottish Legal Aid

2.       your gross monthly income (together with your partner’s) is lower than the current limits set out below.

No. of children

Gross monthly income limit for a single person

Gross monthly income limit for a couple

0

£1085

£1245

1

£1330

£1490

2

£1575

£1735

* £245 for each additional child.

If your gross monthly income exceeds the thresholds above you are not eligible for full remission but you may be entitled to part remission (below)

Waiving part of the fee

If you or your partner’s gross monthly income is below thye limits below you may get partial remission.

For every £10 of income over the thresholds below you will be required to pay £5 towards the Tribunal fee.

If your gross income is over the thresholds below or your contribution exceeds the fee payable, you are not eligible for remission and will have to pay the fee.

 

No. of children

Gross monthly income limit for a single person

Gross monthly income limit for a couple

0

£5085

£5245

1

£5330

£5490

2

£5575

£5735

 

When must an application for remission be made?

You must make an application for all or part of the fee to be waived on or before the date that the fee is due to be paid.

The issue fee will need to be paid when you issue your claim.

What are the consequences of failing to pay a fee?

In the event that you fail to pay the required fee (or make an application for a fee remission) when you issue your claim, your claim will be rejected by the Tribunal.

If you have applied for a fee remission in respect of the issue fee and that application is refused you will be sent a notice giving you a date by which you must pay all or part of the fee. If you fail to pay by the required date your claim will be rejected.

In regards to any other fees that are due to be paid, such as the hearing fee, a failure to pay may result in your claim being dismissed.

Further Information?

Remission applicaton form and explanatory notes.

You can email your completed remission application form to: etremissionqueries@hmcts.gsi.gov.uk