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Employment Tribunal Fees and Help Available To Help Pay Tribunal Fee's

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  • Employment Tribunal Fees and Help Available To Help Pay Tribunal Fee's

    Just though i would make a post specific to employment Tribunal fees with details as to what help is available to people in regards to paying Employment Tribunal Fees.

    Employment Tribunal Fees

    You will have to pay a fee. The amount depends on your type of case. The most common types are listed in the table.
    Unpaid wages £160 £230
    Redundancy pay £160 £230
    Breach of contract £160 £230
    Unfair dismissal £250 £950
    Equal pay £250 £950
    Discrimination £250 £950
    Whistleblowing £250 £950
    A lot of employers will nowadays hold out until a day or so before the actual hearing date when an employee takes them to tribunal, before the employee caves in and offers a settlement to the employee. They do this in the hope you will back down as a result of the costs, or in the hope that you have started to self doubt yourself and the chances of your claim. Basically they try hold out as long as they can, giving the impression that they believe they have a rock solid defense against your claim, when they very rarely do when it comes to legitimate claims, where the claimant has been honest and has all the evidence they need to prove the employers wrong doing. The only time their is a real risk of losing is in claims for constructive dismissal - So never resign and claim constructive dismissal, without first seeking proper legal advice and even then only resign as a very very last resort.

    Now a lot of people claim they can not afford the fee's - What they don't know though is that in regards to "breach of contract" (Constructive Dismissal Falls under serious Breaches of contract) or "unpaid wages" there is also the option of taking the employer to civil/county court where fees are a bit lower in certain circumstances. But costs, should you loose in court will be more likely awarded against you, which makes civil court expense if you loose due to the other side legal cost, which are rarely awarded against you if you loose at tribunal. So always make sure you have rock solid case and seek advise before issuing any kind of claim at civil/country court or at tribunal!

    Like with Civil/County Court Fee's there is also help available towards paying the Tribunal Fees (I.e. Your on Benefits or on low income and have below £x amount in savings):

    To find out if your eligible for help with Tribunal Fees please download and read this guide - http://hmctsformfinder.justice.gov.u...ctober-eng.pdf

    You will find more forms and guides here to help you with your claim to tribunal - http://hmctsformfinder.justice.gov.u...e%20remissions

    I recommend that you read through everything carefully, before you deciding whether to make a claim or not.


    Automatic Unfair Dismissal
    - V- Unfair Dismissal.

    A lot of people do not seem to know that their are to types of unfair dismissal, there is the more well known one "Unfair Dismissal" and then their is the lesser know (i fact hardly anyone knows of it) and less well publicised "Automatic Unfair Dismissal".

    The key difference between the two, is that Unfair Dismissal a simple case of where an employee has been dismissed unfairly, such as when the employer has failed to follow their company disciplinary procedure, or where it is not inline with ACAS code of conduct 1: Disciplinary and Grievance Procedure - Or just simply where the procedure was not carried out fairly, no solid evidence to support allegations against the employee or to amount to reasonable suspicion, or where the the procedure was carried out in a biased fashion. Where in ordinary Unfair Dismissal cases, you are required to have worked for the company for a period of no less than 2 years to be eligible to take the case to tribunal.

    Where as Automatic Unfair Dismissal relates to when you are dismissed in serious breach of your statutory rights (you have the statutory right not be unfairly dismissed but its not a serious enough breach on its own to deemed Automatic Unfair Dismissal). And in most cases, the 2 year qualifying period does not apply when you have been Automatically Unfairly Dismissed.

    Below is a table of what amounts to Automatic Unfair Dismissal and whether the 2 year qualifying period will apply or not (And relevant Legislation to be used in support of any claim):

    Jury service No Section 98B of the Employment Rights Act 1996
    Family-related reasons (pregnancy, childbirth, maternity leave, parental leave, adoption leave, paternity leave, or time off for dependants) No Section 99 of the Employment Rights Act 1996
    Health and safety No Section 100 of the Employment Rights Act 1996
    Sunday working No Section 101 of the Employment Rights Act 1996
    Working time No Section 101A of the Employment Rights Act 1996
    The employee's position as a pension scheme trustee or as director of a company that is a pension scheme trustee No Section 102 of the Employment Rights Act 1996
    The employee's position as an employee representative, the employee's candidacy to become an employee representative, or the employee's participation in an election of employee representatives No Section 103 of the Employment Rights Act 1996
    A public interest disclosure No Section 103A of the Employment Rights Act 1996
    The assertion of a statutory right No Section 104 of the Employment Rights Act 1996
    The national minimum wage No Section 104A of the Employment Rights Act 1996
    Tax credits No Section 104B of the Employment Rights Act 1996
    Requests for flexible working No Section 104C of the Employment Rights Act 1996
    Pensions auto-enrolment No Section 104D of the Employment Rights Act 1996
    Blacklisting on the grounds of trade union membership or activities No Section 104F of the Employment Rights Act 1996
    Trade union membership or activities No Section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992
    Official industrial action No Section 238A of the Trade Union and Labour Relations (Consolidation) Act 1992
    Recognition or derecognition of a trade union No Paragraphs 161 and 162 of sch.A1 to the Trade Union and Labour Relations (Consolidation) Act 1992
    The exercise of the right to be accompanied, or accompanying another, at a disciplinary or grievance hearing No Section 12 of the Employment Relations Act 1999
    The exercise of the right to be accompanied, or accompanying another, at a meeting held under the statutory procedure for requests in relation to study or training No Regulation 18 of the Employee Study and Training (Procedural Requirements) Regulations 2010 (SI 2010/155)
    A request in relation to study or training No Section 104E of the Employment Rights Act 1996
    The assertion of a right as a part-time worker No Regulation 7 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2001/1551)
    The assertion of a right as a fixed-term employee No Regulation 6 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034)
    The transfer of an undertaking Yes Regulation 7 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/2405)
    Redundancy but the employee is selected for redundancy on inadmissible grounds No Section 105 of the Employment Rights Act 1996
    The exercise of rights relating to transnational informing and consulting employees No Regulation 28 of the Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323)
    The exercise of rights relating to informing and consulting employees No Regulation 30 of the Information and Consultation of Employees Regulations 2004 (SI 2004/3426)
    The exercise of rights under the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 No Paragraph 5 of the schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349)
    The exercise of rights under the European Cooperative Society (Involvement of Employees) Regulations 2006 No Regulation 31 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059)
    The exercise of rights under the Companies (Cross-Border Mergers) Regulations 2007 No Regulations 46 and 47 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974)
    The exercise of rights under the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 No Regulation 29 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (SI 2009/2401)
    The exercise of rights under the Agency Workers Regulations 2010 No Regulation 17 of the Agency Workers Regulations 2010 (SI 2010/93)



    If anyone has any further info that may proof useful in regards to help with Tribunal and Tribunal Fees, or anything they feel may be relevant information but has not been covered already in any of the stickys in the employment section, then feel free to post it below.
    Last edited by teaboy2; 4th June 2014, 14:31:PM.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR
    Tags: None

  • #2
    Re: Employment Tribunal Fees and Help Available To Help Pay Tribunal Fee's

    Fantastic post teaboy. Really useful stuff.
    Nothing I say should be taken as qualified expert advice. I am not an expert in anything.

    If you decide to act on anything I have posted you agree not to hold me liable in any way.

    If you are unsure then you need to take proper advice from someone who is an expert.

    Comment


    • #3
      Re: Employment Tribunal Fees and Help Available To Help Pay Tribunal Fee's

      Thanks Harmonica.

      I thought it best to post up so that there was more clarity regarding fees, and who may be eligible for help with such fees. But i also thought, considering that over the last few months there seems to have been a bit of a rise in cases where the circumstances gave rise to Automatic Unfair Dismissals. To provide some clarity on the difference between Automatic Unfair Dismissal and the more well known Unfair Dismissal, whilst posting info on what amounts to Automatic Unfair Dismissal along with the supporting Legislation for it.

      Hopefully they make this thread a sticky, so users can see it - Perhaps make the Automatic Unfair Dismissal bit as a separate sticky thread so its easy to find. That way people can be more self informed (as they all read numerous threads of similar issues to theirs before posting), and hopefully it reduces the amount of researching we have to do in order to help them too - Especially now we have the list of Automatic Unfair Dismissal and supporting Legislation to use as reference here on the site.

      Though if they do make it a sticky i hope they correct my spelling and grammar first lol
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: Employment Tribunal Fees and Help Available To Help Pay Tribunal Fee's

        Hello teaboy, just came across this post of yours, must say very helpful and kind of you, im sure many will benefit from this. As for 'The assertion of a right as a part-time worker', I myself will check to see if I can fit my case around it in anyway!

        thanks and best wishes

        Comment

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