High price for justice at work as fees to bring tribunal claims are introduced

The commencement date for the introduction of Employment Tribunal fees is confirmed as 29 July 2013. All claims to an ET submitted on or after this date will be subject to a fee to start the case and a further fee before the hearing. Claims for unfair dismissal or discrimination, for example, will incur an outrageously high fee of £1,200 to proceed to a hearing.

Prospect is fundamentally opposed to the introduction of fees and argued strongly against this in our response to the Government consultation. We believe this is a wholly unjust barrier to workers’ ability to enforce their legal rights.

Prospect’s National Executive Committee decided the union will pay fees for any tribunal cases where we are offering legal advice and assistance. Members will have the added security, that not only will Prospect offer expert advice and representation, but will also meet the fees of cases that are being supported.

This is a further clear benefit of union membership. For workers without union support the introduction of fees is likely to deny access to tribunals, and will deter individuals with meritorious claims from seeking a legal resolution.

Prospect has produced a briefing on the new fee regime. In summary, fees will need to be paid when submitting the claim (the issue fee) and again prior to the final hearing (the hearing fee). This applies to all claims presented on or after 29 July 2013. There will be two levels of fees, with the more straightforward cases of breach of contract or unlawful deduction of wages attracting a total fee of £400, but all unfair dismissal and discrimination claims will fall under the much higher level with a total fee payable of £1,200.

Some claimants will not have to pay under the remission scheme, but this is means-tested at very low levels.

Fees will also be charged for bringing cases to the Employment Appeal Tribunal. It will cost £1,600 to take an appeal to a hearing.