To lodge a claim in the employment tribunal a claimant must now either pay the fee or apply
for a fee remission.
However, they can now apply
for a fee remission without a statutory pay - out counting towards the «disposable capital» threshold.
Any request
for fee remission should be made to the Registrar, supported by evidence of the party's means.
In certain circumstances payment of the court fee may be deferred if the Appellant's solicitors are operating under a CFA which imposes the liability to pay the court fees on the Appellant personally and the solicitor confirms that the Appellant would be eligible
for fee remission and provides the necessary supporting evidence.
Until late July 2017, a Claimant had to pay a fee or apply
for fee remission when lodging their ET1.
Not exact matches
Institutions can speak to their SFA Business Operations Provider Manager regarding these circumstances, including any questions that they may have in relation to
fee remission for adult funded students.
In the world of
fee remission (see 157 NLJ 7291, p 1382), there are some helpful changes — the extension of the definition of a child to a young person in respect of whom child benefit is paid and increases in gross income limits and fixed allowances
for children and partners and general living expenses
for means assessment purposes.
Philip Henson reviews the government consultation on
fee remissions for the courts & tribunals
The changes to the
fee remission regime in civil cases is mirrored in family cases although county councils pleading poverty on the ground they have had to buy new caps
for their traffic enforcement officers will be given short shrift.
Second, when at the date the
fee would otherwise become payable there is an undetermined application
for remission which is later refused then the
fee will become payable within seven days of despatch of notification of refusal of the
remission application or the later of at least 28 days prior to the trial date or the Monday of the first week of the notified trial period.
If you need to lodge an Employment Tribunal claim, unless you qualify
for an exemption (
fee remission), you will need to pay a
fee to lodge a discrimination claim, which is one reason why it's sometimes a good idea to try to resolve the situation with your employer before you start legal action.
But today almost all the funding has been withdrawn
for contract cases: all that remains is a litigation subsidy in the form of
fee remission.
The Supreme Court stated that
for the
fees to be lawful they have to be set at a level everyone can afford taking into account potential
remission of
fees.
These focus on raising the threshold below which
remission can be claimed, abolishing the
fee for claims involving insolvent employers and the National Insurance Fund (s188 ERA) or claims under the Pensions Schemes Act 1993.
This incorporates a consultation and proposals
for reform of the existing
remission scheme under which qualifying claimants can receive help with paying the
fees required to bring a claim.
Underhill LJ referred to an internal government review of the
fees regime, however, and noted that the decline in claims was «sufficiently startling to merit a very full and careful analysis of its causes; and if there are good grounds
for concluding that part of it is accounted
for by claimants being realistically unable to afford to bring proceedings the level of
fees and / or the
remission criteria will need to be revisited».
For instance, when setting the new level of
fees (and any scheme of
remission) it will be important that this is done so as not to preclude or discourage people from bringing claims purely on a financial basis.
Individuals can apply
for a full or partial
fee remission which takes into account disposable capital and gross monthly income.