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

On 26 July 2017, the Supreme Court held that the employment tribunal fees system is unlawful as it prevents access to justice. HM Courts and Tribunals Service will not be able to continue charging employment tribunal fees under the current system, as the Supreme Court has quashed the legislation that brought it into force. It is not yet known how the Government plans to replace the fees system.

Under the system that has been ruled unlawful, 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.