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Type A and type B tribunal claims

On 26 July 2017, the Supreme Court in R (on the application of UNISON) v Lord Chancellor [2017] IRLR 911 SC held that the making of the Employment Tribunals and the Employment Appeal Tribunal Fees Order (SI 2013/1893), which introduced the current fee regime on 29 July 2013, was unlawful. The Make a claim to an employment tribunal page of the GOV.UK website makes clear that fees are no longer payable.

Under the system that has been ruled unlawful, the fee payable for making an application in the employment tribunal depended on whether the claim was a type A or a type B claim. The nature of the claim dictated whether it was 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.