The Government has published a consultation seeking views on the reintroduction of Employment Tribunal and Employment Tribunal Appeals fees, which was previously abolished in July 2017.

When originally put in place on 29 July 2013, through the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, the 2013 fee regime categorised ET claims into ‘Type A’ or ‘Type B’ claims with different fees payable dependent on whether the claim was a Type A or Type B claim. Type A claims (which covered simple disputes such as unpaid holiday pay) attracted an issue fee of £160 and a hearing fee of £230, totalling £390 in fees.

Type B claims (which covered more complex disputes such as discrimination) attracted an issue fee of £250 and a hearing fee of £950, totalling £1200 in fees. The EAT attracted a £400 issue fee and a £1200 hearing fee, totalling £1600 in fees. This led to a decline in the number of cases arising.

Under the new plans the charges would provide for a standard issue fee set at £55 which will cover the entire process of a claim in an ET, the same would apply to any Appeals (EAT) bringing the maximum proposed fees to £110.

The measures will apply to England, Wales and Scotland.

The consultation closed on 22nd December and responses are expected to be published sometime in 2024.

Subject to analysing the responses to the consultation, the Government intends to lay the statutory instrument by the end of March 2024, with implementation introduced later in the 2024 tax year.

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