Type A and type B tribunal claims

The fee payable for making an application in the employment tribunal depends on whether the claim is a type A or a type B claim. The nature of the claim dictates whether it is a type A or type B claim. Type A claims, which are the more straightforward complaints, are listed in table 2 of sch.2 to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893). Type B claims are any claims other than those listed in the table, for example unfair dismissal and discrimination complaints. See Employment tribunal and Employment Appeal Tribunal fees for the fees payable for making an application.

Type A claims
Description of claim Provision identifying the rights of the claimant Provision conferring jurisdiction on tribunal
Application by the Secretary of State to prohibit a person from running an employment agency Section 3A of the Employment Agencies Act 1973 Section 3A of the Employment Agencies Act 1973
Application by a person subject to a prohibition order to vary or set it aside Section 3C of the Employment Agencies Act 1973 Section 3C of the Employment Agencies Act 1973
Appeal against improvement or prohibition notice Section 24 of the Health and Safety at Work etc Act 1974 Section 24 of the Health and Safety at Work etc Act 1974
Appeal against assessment of training levy Section 12 of the Industrial Training Act 1982 Section 12 of the Industrial Training Act 1982
Complaint of deduction of unauthorised subscriptions Section 68 of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 68A of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint relating to failure to deduct or refusal to deduct an amount to a political fund Section 86 of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 87 of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint that employer has failed to permit time off for trade union duties Section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint that employer has failed to permit time off for union learning representatives Section 168A of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 168A of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint that employer has failed to pay for time off for union learning representatives Section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint that employer has failed to permit time off for trade union activities Section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint that employer has failed, wholly or in part, to pay remuneration under a protective award Section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992 Section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992
Complaint that the Secretary of State has not paid, or has paid less than, the amount of relevant contributions which should have been paid into a pension scheme Section 124 of the Pension Schemes Act 1993 Section 126 of the Pension Schemes Act 1993
Breach of contract, except where the employer's contract claim is made by way of application as part of the employer's response to the employee's contract claim - Section 3 of the Employment Tribunals Act 1996; arts.3 and 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (SI 1994/1623) and the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 (SI 1994/1624)
Reference to determine what particulars ought to be included in a statement of employment particulars or changes to particulars Sections 1 and 4 of the Employment Rights Act 1996 Section 11 of the Employment Rights Act 1996
Reference to determine what particulars ought to be included in an itemised pay statement Section 8 of the Employment Rights Act 1996 Section 11 of the Employment Rights Act 1996
Complaint of unauthorised deductions from wages Section 13 of the Employment Rights Act 1996 Section 23 of the Employment Rights Act 1996
Complaint that employer has received unauthorised payments Section 15 of the Employment Rights Act 1996 Section 23 of the Employment Rights Act 1996
Complaint that employer has failed to pay guarantee payment Section 28 of the Employment Rights Act 1996 Section 34 of the Employment Rights Act 1996
Complaint that employer has failed to permit time off for public duties Section 50 of the Employment Rights Act 1996 Section 51 of the Employment Rights Act 1996
Complaint that employer has refused to permit, or has failed to pay for, time off to look for work or arrange training Sections 52 and 53 of the Employment Rights Act 1996 Section 54 of the Employment Rights Act 1996
Complaint that employer has refused to allow, or has failed to pay for, time off for antenatal care Sections 55, 56, 57ZA and 57ZB of the Employment Rights Act 1996 Sections 57 and 57ZC of the Employment Rights Act 1996
Complaint that employer has refused to allow time off for dependants Section 57A of the Employment Rights Act 1996 Section 57B of the Employment Rights Act 1996
Complaint that employer has failed to allow, or to pay for, time off for trustee of pension scheme Sections 58 and 59 of the Employment Rights Act 1996 Section 60 of the Employment Rights Act 1996
Complaint that employer has failed to allow, or to pay for, time off for employee representative Sections 61 and 62 of the Employment Rights Act 1996 Section 63 of the Employment Rights Act 1996
Complaint that employer has failed to allow, or to pay for, time off for young people (where the right to time off applies) Sections 63A and 63B of the Employment Rights Act 1996 Section 63C of the Employment Rights Act 1996
Complaint that employer has failed to pay for time off on medical or maternity grounds Sections 64, 68 and 68C of the Employment Rights Act 1996 Sections 70 and 70A of the Employment Rights Act 1996
Complaint that employer has failed to deal with an application in relation to study or training in accordance with regulations or refused the application on the basis of incorrect facts Sections 63D to 63H of the Employment Rights Act 1996 Section 63I of the Employment Rights Act 1996
Complaint that employer has unreasonably failed to provide a written statement of reasons for dismissal or the particulars are inadequate or untrue Section 92 of the Employment Rights Act 1996 Section 93 of the Employment Rights Act 1996
Reference in respect of a right to redundancy payment Section 135 of the Employment Rights Act 1996 Sections 163 and 177 of the Employment Rights Act 1996
Reference related to payment out of National Insurance Fund Section 166 of the Employment Rights Act 1996 Section 170 of the Employment Rights Act 1996
Reference related to payments equivalent to redundancy payments Sections 167, 168 and 177 of the Employment Rights Act 1996 Section 177 of the Employment Rights Act 1996
Complaint that the Secretary of State has failed to make any, or insufficient, payment out of the National Insurance Fund Section 182 of the Employment Rights Act 1996 Section 188 of the Employment Rights Act 1996
Appeal against a notice of underpayment Section 19C of the National Minimum Wage Act 1998 Section 19C of the National Minimum Wage Act 1998
Appeal against a notice issued by the Equality and Human Rights Commission where the notice relates to an unlawful act Section 21 of the Equality Act 2006 Section 21 of the Equality Act 2006
Complaint that prospective employer made enquiries about disability or health Section 60 of the Equality Act 2010 Section 120 of the Equality Act 2010
Application in relation to the effect of a non-discrimination rule in an occupational pension scheme Section 61 of the Equality Act 2010 Section 120 of the Equality Act 2010
Complaint in relation to a breach of a maternity equality clause Section 73 of the Equality Act 2010 Section 127 of the Equality Act 2010
Complaint in relation to a breach of, or application in relation to the effect of, a maternity equality rule in an occupational pension scheme Section 73 of the Equality Act 2010 Section 127 of the Equality Act 2010
Complaint in relation to terms prohibiting discussions about pay Section 77 of the Equality Act 2010 Section 120 of the Equality Act 2010
Complaint that a term in a collective agreement is void or unenforceable Section 145 of the Equality Act 2010 Section 146 of the Equality Act 2010
Appeal of decision of compensating authority Regulation 42 of the Colleges of Education (Compensation) Regulations 1975 (SI 1975/1092) Regulation 42 of the Colleges of Education (Compensation) Regulations 1975 (SI 1975/1092)
Complaint that employer has failed to pay for remunerated time off for safety representative Regulation 4(2) of, and sch.2 to, the Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) Regulation 11 of the Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500)
Reference that there has been a failure to consult with employee representatives about contracting out of pension scheme Regulation 4 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (SI 1996/1172) and reg.9 of the Occupational Pensions Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655) Regulation 4 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (SI 1996/1172) and reg.9 of the Occupational Pensions Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655)
Complaint that employer has failed to pay safety representative for time off to carry out duties or undertake training Regulation 7 of, and sch.1 to, the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513)
Complaint that employer has refused to allow annual leave or make payment in respect of annual leave Regulations 13, 13A, 14 and 16 of the Working Time Regulations 1998 (SI 1998/1833) Regulation 30 of the Working Time Regulations 1998 (SI 1998/1833)
Appeal against improvement or prohibition notice Paragraph 6 of sch.3 to the Working Time Regulations 1998 (SI 1998/1833) Paragraph 6 of sch.3 to the Working Time Regulations 1998 (SI 1998/1833)
Appeal against improvement or prohibition notice Regulation 18 of the Control of Major Accident Hazards Regulations 1999 (SI 1999/743) Regulation 18 of the Control of Major Accident Hazards Regulations 1999 (SI 1999/743)
Complaint in relation to refusal of annual leave or to make payment Regulation 11 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (SI 2003/3049) Regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (SI 2003/3049)
Complaint in relation to refusal to provide paid annual leave Regulation 4 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756) Regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756)
Complaint in relation to failure to provide free health assessments Regulation 5 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756) Regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756)
Complaint in relation to refusal of annual leave or to make payment Regulation 11 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (SI 2004/1713) Regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (SI 2004/1713)
Complaint that employer has refused to allow or failed to pay for time off for information and consultation or negotiating representatives Regulations 27 and 28 of the Information and Consultation of Employees Regulations 2004 (SI 2004/3426) Regulation 29 of the Information and Consultation of Employees Regulations 2004 (SI 2004/3426)
Appeal against improvement notice Paragraph 6(2) of sch.2 to the Road Transport (Working Time) Regulations 2005 (SI 2005/369) Paragraph 6(2) of sch.2 to the Road Transport (Working Time) Regulations 2005 (SI 2005/369)
Complaint in relation to failure to pay compensation in pursuance of tribunal order Regulations 15(7) and (8) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) Regulation 15(10) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246)
Complaint that employer has failed to allow, or pay for, time off for functions as employee representative Paragraphs 2 and 3 of the schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349) Paragraph 4 of the schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349)
Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body Regulations 28 and 29 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059) Regulation 30 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059)
Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body Regulations 43 and 44 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974) Regulation 45 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974)
Appeal against notice from Health and Safety Executive or a local authority Regulation 21 and part 2 of sch.8 to the REACH Enforcement Regulations 2008 (SI 2008/2852) Regulation 21 and part 2 of sch.8 to the REACH Enforcement Regulations 2008 (SI 2008/2852)
Reference to determine what particulars ought to be included in an itemised statement of stipend Regulation 6 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108) Regulation 9 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108)
Reference to determine what particulars ought to be included in a statement of particulars or changes to particulars Regulations 3 and 6 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108) Regulation 9 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108)
Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body Regulations 26 and 27 of the European Public Limited Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (SI 2009/2401) Regulation 28 of the European Public Limited Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (SI 2009/2401)
Appeal against a penalty notice Section 37G of the Employment Tribunals Act 1996 Section 37G of the Employment Tribunals Act 1996
Complaint of unauthorised deductions from wages Regulation 5 of the Posted Workers (Enforcement of Employment Rights) Regulations 2016 (SI 2016/539) Regulation 6 of the Posted Workers (Enforcement of Employment Rights) Regulations 2016 (SI 2016/539)