Charging Fees in Employment Tribunals and the ... - Ministry of Justice

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Charging Fees in Employment Tribunals and the Employment Appeal Tribunal Summary ofresponsesClaimant groups argued it was too complicated, would not protect as manyindividuals as suggested and was not generous enough. Research conductedby PricewaterhouseCoopers on behalf of the MoJ 3 in 2007 into the civil courtsremission system was referenced by some respondents as evidence of howthe complex nature of the system had in the past led to flawed decision makingby HMCTS staff. The proposals for multiple claims were also criticised forbeing overly complex.17. The one proposal to which respondents appeared in mutual agreement acrossthe groups was that the unsuccessful party should reimburse the fee(s) paid bythe successful party, although the discretionary nature of the power wasquestioned by some respondents.18. Fewer comments were received on the EAT fee proposals. Those whodisagreed with fees saw the EAT as playing an important role in determiningand clarifying the law for employment tribunals and the fee proposals wereseen as deterring worthwhile appeals. However, other respondents agreed withthe simplified proposals and thought some consistency with the employmenttribunals’ structure was preferable.19. Having carefully considered the full range of the views of respondents, theGovernment has decided not to pursue Option 2. However, we recognise thatmany respondents supported the aims of improving the expectations ofclaimants regarding the level of any potential award, which provides in turnsome business certainty. We intend to develop proposals which will improvethe communication and advice available to people considering a claim to helpaddress this issue. There is further discussion on these proposals in Part C.20. In respect of employment tribunals, the Government has decided to introducethe Option 1 fee structure in the latter half of 2013 with some amendments.The amendments are:The merging of levels 2 and 3 fees into one fee level and a change tothe issue and hearing fee as a consequence;The re-allocation of a small number of claims to new fee levels;That no separate fee charged for seeking written reasons; andThere will be a reduction in the number of bands for multiple claimsfrom 5 to 3.21. There are some changes to the proposed fee levels and a summary of theproposed fee structure is given on page 61.22. There are no changes made to the fee structure which was proposed for EATin the consultation.3 http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/publications/2007-court-fee-remissionsystem.htm8
Charging Fees in Employment Tribunals and the Employment Appeal Tribunal Summary ofresponses23. The Government has decided to adopt the proposal to extend the currentHMCTS civil courts remission system to protect access to justice inemployment tribunals and the Employment Appeal Tribunal for those whocannot afford to pay the fee.24. Given the concerns raised by respondents to this consultation and morewidely, the Government will undertake a review of remissions as part of a widerreview required for the introduction of Universal Credit. The review will aim toproduce a single remissions system for courts and tribunals which is simpler touse, more cost efficient and better targeted to ensure that those who can affordto pay fees do so, while continuing to provide access to the courts and tribunalsystem to those who cannot.9
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Charging Fees in Employment Tribunals and the ... - Ministry of Justice

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