Changes To Employment Tribunal Procedure (April 2012)

Effective from April 2012, here is a list of changes to the employment tribunal procedure:

  • Witness statements are now not read out but taken as read by the tribunal.
  • Judges can sit alone without lay members for some unfair dismissal cases.
  • Witnesses can no longer claim expenses.
  • The amount of costs a tribunal can award (without referring the case to the county court) has increased from £10,000 to £20,000.
  • The amount of the deposit that tribunals can order a claimant to pay to proceed with a claim has risen from  £500 to £1,000
  • Fees will be introduced into the employment tribunal system from summer 2013. An initial fee to issue a claim and a further fee should the claim proceed to a hearing

Two levels of claim will apply: Level 1 (straightforward ones such as unpaid wages and holiday pay) and Level 2 (all other claims, e.g. unfair dismissal).

Fees for Level 1 claims

  • £160 issue fee
  • £230 hearing fee

Fees for Level 2 claims

  • £250 issue fee
  • £950 hearing fee

Multiple claims have a separate fee structure.

EAT fees

There will be no change from original consultation proposal – £400 issue fee and £1,200 hearing fee.

Other fees

  • Judicial mediation – £600
  • Settlement fee – £60.

Tribunals will be able to order the unsuccessful party to reimburse the successful party’s fees.

Those who can’t pay: the remission system used in the civil courts, whereby fees can be waived if someone cannot afford to pay, will be extended to tribunal and EAT fees.