The new Tribunal Fees Regime will come into force on the 29th July 2013 for claims issued after that date. This post summarises the effect on TUPE Claims.
There are two particular aspects to the new Fees Regime which need to be considered: (1) The type of claim and (2) The number of Claimants.
Types of Claim
The level of fees will depend on whether the claim is Type A or Type B as defined in draft Employment Tribunals and Employment Appeal Tribunal Fees Order 2013. Type A claims are listed in the regulations. Anything not listed is a Type B claim. I set out below the typical claims under TUPE and whether they are Type A or Type B:
Type A
| Description of claim | Provision identifying the rights of the claimant |
| Reference to determine what particulars ought to be included in a statement of employment particulars or changes to particulars | Sections 1 and 4 ERA |
| Complaint of unauthorised deductions from wages | Section 13 ERA |
Type B
| Description of claim | Provision identifying the rights of the claimant |
| Unfair dismissal where the reason for the dismissal is the transfer or a reason connected to it | Tupe Reg 4(7) |
| Unfair dismissal where there is a substantial change in working conditions to the material detriment of the employee | Tupe Reg4(9) |
| Unfair dismissal where there is an ETO reason (redundancy or SOSR) | Tupe Reg 7(3) |
| Claims for protective awards for a failure to inform and consult (including not complying with the requirements for election of employee representatives) | Tupe Reg 15 |
Number of Claimants
Tupe is one area of employment law where it is common to have multiple claimants. This will make litigating TUPE claims very expensive unless the Claimants are entitled to fee remission.
For Type A claims the following fees are payable:
| Number of claimants in fee group | |||
| 2‐10 (2 x thesingle fee) | 11‐200 (4 x thesingle fee) | over 200 (6 x thesingle fee) | |
| Issue fee | £320 | £640 | £960 |
| Hearing fee | £460 | £920 | £1380 |
For Type B claims the following fees are payable:
| Number of claimants in fee group | |||
| 2‐10 (2 x thesingle fee) | 11‐200 (4 x thesingle fee) | over 200 (6 x thesingle fee) | |
| Issue fee | £500 | £1000 | £1500 |
| Hearing fee | £1900 | £3800 | £5700 |
Where fees are not paid claims are liable to be struck out. Where a fee in a multiple claim is unpaid, a member of the fee group can, before the date the claim is to be struck out, elect to come out of the fee group and pay the fee as if they were a single claimant.
Employment Appeal Tribunal Fees
In the Employment Appeal Tribunal the fees are £400 to lodge an appeal and £1200 for a full hearing. There appears to be no discount for groups of claimants who appeal with the fee being ‘per appellant’. Therefore if 10 claimants appeal a protective award decision it will cost £4,000 to lodge the appeal and £12,000 for a full hearing (unless any individuals are entitled to a remission).
Links
The Employment Tribunal and Employment Appeal Tribunal Fees Stakeholder Factsheet
Draft Fees Regulations (Not yet in force (15/07/13)