What fees does a claimant have to pay when bringing an employment tribunal claim?

Claimants do not have to pay a fee when bringing an employment tribunal claim. On 26 July 2017, the Supreme Court held that the employment tribunal fees system was unlawful as it prevented access to justice. The Supreme Court quashed the legislation that had brought the fees system into force. It is not yet known if the Government will introduce an alternative fees system.

Under the system that was ruled unlawful, which had been introduced on 29 July 2013, claimants were required to pay an issue fee when submitting an employment tribunal claim and a hearing fee when the claim was listed for a final hearing.

There were two levels of fee, reflecting the expected complexity of the case:

  • For level 1 claims, the issue fee was £160 and the hearing fee was £230. Level 1 claims include claims for unpaid wages, holiday pay and redundancy payments.
  • For level 2 claims, the issue fee was £250 and the hearing fee was £950. Level 2 claims include claims for unfair dismissal, discrimination and equal pay.

Different fee levels applied to claims involving multiple claimants.