Tribunal Fees – Known Unknowns

The new Tribunal Fees regime applies to claims issued on or after today. Set out below is a list of questions identified by #ukemplaw tweeters including Hilary Aldred (@HilaryAldred) Laurie Anstis (@ljanstis); Matt Jackson (@MattEJackson); Paul Statham (@Divinglawyer); and Kerry Underwood (@Kerry_underwood) – if you are not following them, you should be.

I will update to add new questions raised in comments or sent to me via twitter as well as any answers that emerge.

Online Submission of Forms

  • If I believe that I have been unfairly dismissed because:
  1. I was or proposed to become a member of an independent trade union;
  2. I have taken part, or proposed to take part in the activities of an independent trade union at an appropriate time;
  3. I have made use or proposed to make use of trade union services at an appropriate time; or
  4. I have, in certain circumstances, failed to accept an offer made in contravention of TULR(C)A 1992 s 145A or 145B

I can apply to the Tribunal for interim relief (see TULR(C)A 1992, s. 161). However, I must also present “a certificate in writing signed by an authorised official of the independent trade union stating:

  1. That on the date of dismissal I was or proposed to become a member; and
  2. That there appears to be reasonable grounds for supposing that the reason for my dismissal was the one I have alleged in my complaint.”

How, practically, do I submit the certificate? The online process does not enable me to attach it.

Fees Payable

  • If, having commenced proceedings before 29 July 2013, a claim is added by amended that arose thereafter, is a commencement fee payable and, if so, what is the mechanism for ensuring that happens?
  • If, having brought a Type A claim, I apply to amend to add a Type B claim, do I have to pay a top up fee and, if so, what is the mechanism for ensuring that happens?
  • If, having paid a Type A hearing fee, I apply at the hearing to amend to add a Type B claim, is a top up hearing fee payable? If so, what is the mechanism for ensuring that happens?
  • If amending to add a Type B claim to Type A proceedings does not attract a top up fee, can the Tribunal take the possibility that I may be trying to escape the fee into account in exercising its discretion as to whether or not to allow the amendment?
  • If the Tribunal elects to convert a preliminary hearing into a final hearing pursuant to Rule 48, is a Hearing fee payable and, if so, what is the mechanism for ensuring that that happens?
  • Is a hearing fee payable in respect of an employer’s breach of contract claim and, if it is, is it payable:
  1. At the Type A or Type B rate; and
  2. Instead of or in addition to the Claimant’s hearing fee?
  • The Government has conceded in the Scottish JR proceedings that equal pay claims should be Type B. Must a Type B fee be paid whilst an amendment to the legislation is awaited? [UPDATE: the Ministry of Justice has said that the Type A fee should be paid for the present 29/07/2013]
  • Rule 52 of the New Tribunal Rules removes the need for an employer to apply for an order that withdrawn proceedings should be dismissed, but Schedule 1 of the Regulations provide for a fee for the making of such an application. Does Rule 52 have the effect of abolishing the need for an application or not?

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