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 ofresponsesStructure and extent of the response to consultation25. The original consultation in December proposed two alternative fee structures.Under part 1 of the consultation we outlined the Option 1 fee structure andasked 15 questions. In part 2 we outlined the Option 2 fee structure and askeda further 14 questions on this option.26. Whilst the two proposals were separate, the options shared a number of similarfeatures e.g. the two options shared the same proposals for remissions,refunds and multiple claims. The key differences lay in the wider policyintention of Option 2, the simplified fee structure and the use of the value of theclaim to determine the fee levels. This meant that respondents commonlyreferred to previous answers or did not respond fully to the second set ofquestions within their responses.27. Therefore, in order to provide a more holistic response we have adopted adifferent approach in the response to the consultation responses, wherebyquestions from each of the options are collated into topics in order to give amore informed picture of the issues raised.28. Whilst all but one of our questions initially sought a yes / no answer followed byreasons, a significant number of respondents provided “open” answers that itmay be perceived to be misleading to log definitively as agreeing ordisagreeing with a particular proposal. These are instead noted as an “opencomment” answer for the purposes of collating the data. In some cases thetotal number of views expressed in response to a particular question is greaterthan the sum of the "agree" and "disagree" tallies. In relation to mostresponses, approximately two-thirds disagreed with the proposals, with a thirdagreeing.29. The sections and questions regarding proposals for: the success criteria fordeveloping the structure, the extent of charging, reimbursement of fees, liabilityfor payment of fee, remissions and refunds apply to both employment tribunalsand EAT in equal measure so comments for both are dealt with together.30. We have considered each response carefully and endeavoured to address asmany of the points raised as possible in this response, but it is not possible torespond to all specific points made by individual respondents within theconfines of this response.10
Charging Fees in Employment Tribunals and the Employment Appeal Tribunal Summary ofresponsesResponses to specific questionsIndex:Part A. Proposals common to both options page 121. The success criteria for developing a fee structure page 122. The extent of charging page 153. The basis for fee levels and costs page 19i. The stage in proceedings page 19ii. Allocation of claims to fee levels page 214. Power to order reimbursement of fees page 245. Liability for payment of fee page 266. 6 separate application fees page 287. Remissions page 338. Multiple claims page 369. Refund proposals page 40Part B. Option 1 page 43Part C. Option 2 page 44Part D. Alternative models for the employment tribunals page 52Part E. Employment Appeal Tribunal page 55Part F. Practical arrangements page 5711
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Charging Fees in Employment Tribunals and the ... - Ministry of Justice

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