Employment Tribunal Cases-Limitation Warning

To: All Branches and Regional Offices

 

LA/32/13

 

Circular No NP/308/13

 

07 November 2013

 

 

Dear colleague

 

Employment Tribunal Cases – Limitation Warning

 

As you are all aware as from 29th July 2013 fees are now payable in all Employment Tribunal cases. How much is paid will be determined by the type of claim it is. There are two levels.

Type A – unpaid wages claims; pay in lieu of notice ; holiday pay and redundancy pay the Issue fee will be £160 and the Hearing fee will be £230

Type B – all other cases , unfair dismissal cases; unfair dismissal and all discrimination cases the Issue Fee will be £250 and the hearing fee will be £950.

 

There are no exemptions and the case will not proceed until a fee has been received or a remission or rebate has been applied for. We are advising all members to apply for a remission of the fee this will require an assessment of the members capital and gross earnings. We want members to apply for a remission as we want to demonstrate that members cannot afford to pay these ridiculous amounts.

 

The Union will pay any fee if our Legal Team has advised that there are reasonable prospects of success and we take up the case. We will not pay any fee until the case has been assessed and considered on its merits. Therefore it is very important that you are vigilant and don’t delay in sending full papers to the team for consideration. Do not delay in sending papers; don’t hang around waiting for an appeal otherwise your delay could entail the member paying out money that they may not get back if we decide there isn’t a case.

 

Please note that the time limit in an Employment Tribunal is 3 months less one day from the date of dismissal in an unfair dismissal case NOT the date of the appeal and from the date of the act of discrimination and not the outcome of the grievance. So for example if the date of dismissal is 7th November 2013 the member will have until 6th February 2014 to lodge an ET1 and pay the fee or apply for a remission.

 

It remains the members’ responsibility to lodge the ET1 and pay the fee until they hear from our legal team that we will take up the case. You must ensure that members know this. The message must be don’t leave seeking advice to the last minute. Also ensure that all the paper work is with our legal team so that a proper assessment is made otherwise the case will not be considered until the papers are with the L2 form.

 

Please pass this on to all members so they know not to delay coming to us for assistance.

 

Yours sincerely

 

 

Robert Crow

General Secretary