Changes to Employment Tribunals Fee Remission Process
At the end of October, Her Majesty’s Courts and Tribunal Service (HMCTS) announced the introduction of a new fee remission process.
The new process, heralded as being both simpler and faster, appears to be a step towards making fee remissions more accessible. Applicants self-assess eligibility for fee remission without the need for submitting supporting paperwork such as bank statements. HMCTS can check such self-assessments directly against the Department of Work and Pensions (DWP) records.
It is unquestionable that one of the primary barriers to an employee bringing a claim against their employer in the Employment Tribunal (ET) is cost. In the ET the unsuccessful party will not, as a rule, be ordered to pay the other party’s costs meaning that a successful applicant must essentially deduct costs (including both legal and tribunal fees) from their award. Tribunal fees alone can amount to £1,200 for a single applicant. When you also factor in the risk of litigation, it is unsurprising that the employee may be persuaded not to pursue a viable claim.