A two-tier fee paying structure for tribunals has been introduced, payable by claimants. This structure, which came into force in July, divides claims into Type A and Type B claims.
Type A claims include claims for unpaid wages or statutory redundancy payments, whereas Type B claims include claims for discrimination, unfair dismissal and whistle-blowing.
The applicable fees must be lodged by the Claimant at the time they submit their claim (unless they apply for a remission of all or part of the fee e.g. on the basis that they are on a low income or benefits). Type B claims require a lodging fee of £160 and a hearing fee of £230, whereas Type A claims require a lodging fee of £250 and a hearing fee of £950.
Employers will not escape the fee system entirely: if they wish to lodge a counterclaim they will be required to pay a fee of £160. To pursue an appeal with the Employment Appeal Tribunals (EAT), a fee of £400 must be paid, plus a further EAT hearing fee of £1,200.
Some claimants may well be put off by the expense of bringing a claim against their employer and this may deter claims that are without merit.