May 31, 2013

Employment News Legal – EAT Fees Order 2013

The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 has now been released. It sets out the level of fees and includes information about remission in schedule 3. The main points to note are:-

  • The hearing fee will fall due on a date which is set out in the Employment Tribunals’ notification of hearing date (however this does not deal with the question of whether it falls due shortly after the hearing date is set or a certain number of weeks before the hearing as these could be significantly different).
  • Technically it makes no mention of the consequences of failure to pay the hearing fee. However in relation to multiple claims it does state that a member of a multiple claim can avoid their claim being struck out by paying the fee, which suggests that the penalty for non-payment is a strike out. There is nothing about whether and, if so how, a case can be reinstated if the fee is paid late.
  • The language has changed: Level 1 and Level 2 claims are now type A and type B claims.

Any further information on the content of this Order will be provided in a future edition of the Update as it arrives.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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