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.
Friday, 30 August 2013
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