New Tribunal fees now in force

New legislation which came into effect on 29th July 2013 means that any employee taking a claim against an employer to HM Courts & Tribunals Service is now liable for payment of a fee (or an application for fee remission).


Fees will be payable firstly on issue of a claim and secondly prior to the final hearing if a claim proceeds to that stage. Employment Appeal Tribunal appeals will also be subject to this new fees regime.

Depending on the level of claim and whether or not it goes to appeal, fees range from £160 to £1200. There has been much publicity over the last week or so, about the introduction of these costs – with unions taking the stance that they are too harsh on the employee and may act as a deterrent to obtaining justice against an unfair employer.

From the employer’s point of view, whilst this deterrent may have the effect of reducing the number of claims, it is important to note that if the

court rules in favour of the claimant then the fees will be reimbursed to the claimant and then become payable by the employer. It is therefore still vital to put all the right procedures in place to ensure that ideally a tribunal situation does not occur, but that if it does, your business is in as strong a position as possible.

If you would like to discuss your HR procedures to ensure that your business is compliant with legislation, please contact Charlotte Mellor on 023 8023 4222.

Revamped TUPE due by September

Employment Minister Jo Swinson has recently announced that simplified TUPE regulations will be unveiled by September 2013.

TUPE - Transfer of Undertakings (Protection of Employment) - can be a complicated area. In simple terms it applies to situations where companies have merged or been bought out, and it protects employees by enabling them to carry forward certain employment rights.

For the employer, however, TUPE can be a difficult area. TUPE applies when there is a “relevant transfer” and this in turn is assessed using a number of factors such as the type of undertaking being transferred, the assets that are transferred, and whether the majority of employees are taken on by the new employer.

It often prevents the employer being selective about which employees they take from the old business – unless they are prepared to pay sometimes hefty redundancy payments.

Many Employment Tribunal cases are brought to court over rules originating in TUPE. Therefore, new rules on TUPE have been eagerly awaited by employers, and Jo Swinson has promised a “simpler”

regime that will provide greater certainty for businesses.

“We can’t get out of TUPE legislation because it already exists,” said Swinson at a recent conference, but she hinted at a scaling back of current rules, and promised to clarify the effect on TUPE transfers that are currently in progress.

If you have a question about TUPE, or about any area of employment legislation, please contact me.