Before you can make a claim to an Employment Tribunal, you will have to either pay a fee or apply to have the fee waived because you are receiving certain benefits or are on a low income. This is called a fee remission. There is a further fee if there's a tribunal hearing and you can also apply to get help with this fee.
This page tells you more about how to apply for a fee remission.
Working out whether you qualify for a fee remission
If you make a claim, you'll have to pay an issue fee when you start the claim and a hearing fee before the tribunal proceedings take place. If you think you qualify for a fee remission, you'll have to make a separate remission application for each fee.
If you're not sure whether you qualify for a fee remission, you can fill out a fee remission application form so the tribunal manager can work it out for you. Or you can use our guide to help with paying the claim fee.
Fee remissions in exceptional circumstances
If something happens which seriously affects your ability to pay the fee, the tribunal manager may give you a fee remission.
Exceptional circumstances include:
- where paying your fee would mean you couldn't afford to pay overdue rent or mortgage payments, which could lead to you being made homeless.
- threatened legal action because of unpaid bills
- uninsured losses you've suffered because of fire, flood, theft or criminal damage.
If you have a financial emergency, write to the tribunal manager explaining what's happened. They will decide whether to give a fee remission on a case-by-case basis.
Applying for a fee remission
There is a strict time limit for you to make a claim to an Employment Tribunal, which is usually within three months of the date the thing happened that you are making the claim about. So if you are complaining about unfair dismissal, you must make your claim within three months of the date you were dismissed. Once you have made a claim to a tribunal and have made an application to have your fee remitted, the time limit stops running. So you need to make sure you get your claim in and your fee remittance sorted out, or your fee paid, within the time limit.
The Acas early conciliation process starts from 6 April and applies to most employment tribunal claims. It will affect the time limit for your claim. From 6 May, you must contact Acas to start the process before you can make a claim to an employment tribunal.
For more information about early conciliation and how it affects the time limit, see Early conciliation - how it works and Early conciliation - how it affects the time limit for making a claim.
If you think you qualify for a fee remission, you'll need to fill out form EX160A. You can do this online or fill out a paper form. Form EX160A is inside a leaflet called 'Court and Tribunal Fees – Do I have to paythem?'.
Filling out the fee remission form
It's important that you give as much accurate information as possible and find evidence to back up your claim.
If the tribunal finds out that any information you've supplied is wrong or you can't give enough evidence to support your claim, the tribunal can:
- ask you to pay the full fee, or
- strike out the claim if you don't pay the fee before the tribunal hearing.
You must provide further evidence if the tribunal asks for it. If you don't, they can refuse your application and you'll have to pay the tribunal fee. You won't have to pay the tribunal fee if your claim is struck out.
Where to send the fee remission form
You can either complete the fee remission form by printing it off and filling it in by hand, or you can fill it in online and print the form off. You'll need to post the completed form with all your evidence proving your income and outgoings. You must include original documents, such as pay slips or tenancy agreements. Make photocopies of all documents before you send them, and use registered post.
You can then either:
- post your completed ET1 form with your fee remission form and documents, or
- if you've made your claim on an online ET1 form, it will ask you if you want to apply for a fee remission. Follow the instructions for how to complete the fee remission form and post it with your evidence
- deliver your completed ET1 form and your completed fee remission form with the evidence by hand to a designated Employment Tribunal office. The details of these offices are listed in the leaflet Court and Tribunal Fees – Do I have to paythem? - EX160A.
Post the fee remission form with the supporting documents, and your ET1 form if you're not completing it online, to:
Employment Tribunals Central Office Scotland
Employment Appeal Tribunal (EAT) Fees
PO Box 27105
What happens when the tribunal receives your form
Your application should be processed within five working days of when it's received, although emergency applications can be processed sooner.
If you qualify for a full fee remission
If you qualify for a full remission and don't have to pay any fees at all, the tribunal will process the papers for your claim.
If you qualify for a part remission
If you will have to pay some of the fee, the tribunal will write to you telling you how much you owe and how to pay it. The letter will tell you when the payment is due, usually within seven days of receiving the letter. Your claim won’t be processed until you've made the payment.
If you're refused a fee remission
If your application for a fee remission is refused, the tribunal officer will return your application form and supporting evidence with a letter explaining the decision. If you don't agree with this decision you can appeal against it.
How to appeal against a decision on a fee remission
If your request for a fee remission is refused, you can write to the tribunal officer saying why you are not happy with the decision. Send back any supporting evidence you already have. If you can, try to get further evidence that will support your claim.
The date by which you have to respond will be set out in the letter refusing your decision. It's usually around five working days from when you receive the letter.
The fees manager will look at the decision again and let you know the outcome within five working days of receiving your appeal.
If the decision is to allow you a full remission, your tribunal claim will be processed.
If the decision is to allow you a part remission of fees, you will be told how much you'll have to pay before your claim can be processed.
If your appeal is refused, you will get a letter explaining why and you can appeal one more time to the operational manager. Their details will be set out in the decision letter. You will need to follow the same process as for appealing to the fees manager.
The operational manager's decision is final and if you don't agree with the decision, you won't be able to appeal again.
If you think you shouldn't have paid the fee
It may be possible to get a refund of the fee if you later find out that you should have qualified for a fee remission. To get a refund you must:
- claim within six months of paying the fee
- claim to the tribunal office where you made the payment
- provide evidence you paid the fee, usually a tribunal receipt
- provide evidence of why you think that you qualify for the remission. Benefit letters and other evidence must be dated when you paid the fee, not when you apply for the refund.
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