This Leaflet Has Been Put Together to Help You Work out Whether Or Not You Qualify For

/ EMPLOYMENT TRIBUNAL FEE
REMISSION LEAFLET FOR MEMBERS
SEPTEMBER 2014

This leaflet has been put together to help you work out whether or not you qualify for fee remission. It contains the information you will need to help you complete the ET’s fee remission application form. This leaflet also contains important information about the type of evidence you will need to give the tribunal to support your remission application.

CONTENTS

Page

Introduction

When are ET fees payable? 3

Why is it important for me to apply for fee remission if I qualify? 3

When will I be asked to complete a fee remission application form? 3

Will I have to submit more than one fee remission application form 4

for the same claim?

When should I apply for remission in respect of the hearing fee? 4

What should I do after I’ve read this guidance? 4

The Fee Remission System: How It Works

How does the fee remission system work? 4

What is disposable capital? 5

How much disposable capital can I have before I can qualify for fee 5

remission?

What evidence must I produce to show that I meet the disposable capital threshold? 5

What kinds of means tested state benefits make me eligible for feeremission?5

What kind of evidence must I produce to show that I’m in receipt of qualifying benefits?6

I’mnot currently in receipt of benefits even though I applied for income 6

based JSA following my dismissal. Will I be entitled to fee remission

now that I have no income?

What are the gross monthly income thresholds? 7

What sort of evidence must I produce to show that my gross monthly 7

income does not exceed the threshold?

What circumstances would be considered exceptional enough for me 7

to be granted full or partial remission?

What if my claim is part of a multiple? 8

What will happen if I am successful in my application for remission? 9

Monthly gross income form 10

When are ET fees payable?

Any claims lodged at the employment tribunal must be lodged with an issue fee or an application for fee remission – that is, an application to be exempted from paying the issue fee. If a claim is not settled before hearing, there will also be a hearing fee to pay. Below is a sample of the fees payable.

Type of Claim / Fee Type / Issue Fee / Hearing Fee / Total Fee payable
Non-payment/unlawful deduction of wages / A / £160 / £230 / £390
Breach of contract / A / £160 / £230 / £390
Unfair dismissal / B / £250 / £950 / £1,200
Discrimination / B / £250 / £950 / £1,200
Equal pay / A / £160 / £230 / £390
Health and Safety/Protected Disclosure/Trade union – Detriment or Dismissal / B / £250 / £950 / £1,200
There are separate fees for multiple claims (i.e., a claim by more than one employee/worker against the same respondent in respect of the same facts)

Why is it important for me to apply for fee remission if I qualify?

Although the Union will meet the cost of litigation, it is incumbent on you as a member of the NUT to help ensure that money spent supporting your claim is recovered where possible. The Union cannot apply for fee remission on its own behalf since feeremissions are only available to individuals. Any assistance you are able to lend the Union in fee recovery will be beneficial to the Union generally in its work on behalf of members.

When will I be asked to complete a fee remission application form?

Normally, an application for fee remission will be submitted with the ET claim form in place of the issue fee. However, to assist the smooth running of the Union’s case management system, your regional or Wales office will initially submit an issue fee with your claim form and ask you to obtain a refund at a later date. You can apply for a refund (known as a retrospective application) if the Union has paid a tribunal fee within the last three months and you think that you would have been granted a remission at the time the Union paid the fee. To obtain a refund, you must give the tribunal evidence that the Union paid the fee. This should be:

• a tribunal receipt or receipted documents giving details of the fee and showing how much was paid and the date paid (the Union will supply you with this information where appropriate); and

• evidence to support your retrospective application for remission. Benefit letters and other evidence must be dated for the date the ET issue fee was paid and not the date on which you apply for the refund.

Will I have to submit more than one fee remission application form for the same claim?

Yes. A fresh application for fee remission must be made in respect of each ET fee. For example, if your case progresses to hearing, it will be necessary to make a fresh application for fee remission in respect of the hearing fee even if the issue fee was previously remitted in full. In most cases, it may be possible simply to copy the information provided in your initial application for fee remission on to a new form. However, if your circumstances have changed since your claim was lodged, e.g., you have found a new job, it will be necessary to amend the details contained in your initial application form.

When should I apply for remission in respect of the hearing fee?

If the Union considers that your claim has good prospects of success to progress to a full hearing, you will be asked to complete a fee remission form once the hearing fee becomes payable. The Union will pay the hearing fee in advance of the hearing but you will be required, where appropriate, to subsequently apply for fee remission.

What should I do after I’ve read this guidance?

Contact your regional/Wales office if you believe you qualify for fee remission. Your Caseworker will ensure that you have properly understood and applied the content of this leaflet and will assist you in completing the ET fee remission application form, if you wish. Don’t forget to provide your Caseworker with a copy of your completed form.

How does the fee remission system work?

The fee remission system has four parts:

• Disposable capital: full and part remission– you will be exempt from paying fees if your disposable capital is below or equal to the amounts shown at page 5.

• Qualifying welfare benefits: full remission – you will be exempt from paying fees altogether if you meet the disposable capital test and you are in receipt of one of the qualifying means tested state benefits listed below.

• Gross monthly income: full and part remission – you will be either fully or partially exempt from fees if you meet the disposable capital test and the money you receiveeach month before any deductions such as tax, is less than or equal to the amounts shown at page 6.

• Exceptional circumstances:full or part remission– you will be either fully or partially exempt from fees if you have suffered an unexpected event that has seriously affected your ability to pay the fee.

What is disposable capital?

Disposable capital is defined as the value of every resource of a capital nature belonging to you and (if applicable) your partner on the date the application for remission is made. Disposable capital encompasses capital held in any type of saving account, including

ISAs. It also encompasses stocks and shares, as well as any type of redundancy capital payment received. For a detailed list of disposal capital refer to page 14 of booklet EX160A at:hmctsformfinder.justice.gov.uk

How muchdisposable capital can I have before I can qualify for fee remission?

You and, where applicable, your partner’s disposable capital must not exceed the amounts stated in the table below.

Age
You, or your partner’s / Tribunal fee / Disposable capital
You, and your partner’s
Under 61 years old / Up to £1000 / £3000
61 years old or older / Any amount / £16,000

What evidence must I produce to show that I meet the disposable capital threshold?

You are not required to produce documentary evidence of your disposable capital but will instead be required to sign a statement of truth, declaring the truth of the information you have provided. You may be subject to criminal proceedings for fraud if you’ve been deliberately untruthful in your application.

What kinds of means tested statebenefits make me eligible for fee remission?

In relation to the issue fee, you will be entitled to full fee remission if you (not your partner) are in receipt of any of the following qualifying benefits at the time the NUT submits your ET claim form:

• Income Support
• Universal Credit – with gross annual earnings of less than £6,000
• Income-based Jobseeker’s Allowance
• State Pension Credit Guarantee Credit; and
• Income-related Employment and Support Allowance

If you succeed in your application for one or more of the above benefits after the issue fee has been paid, you may nevertheless be entitled to fee remission in respect of hearing fees incurred by the Union at a later date. You will not, however, be able to claim a refund in respect of fees incurred by the Union prior to your successful application for benefits.

What kind of evidence must I produce to show that I’m in receipt of qualifying benefits?

If you are in receipt of one of the benefits listed above, you must give the tribunal an official letter confirming the benefit you receive. It must show your title, full name, address and postcode and confirm that you currently receive that benefit. The letter must be in the following form:

Benefit / Evidence letter from / Dated
Income-based Jobseeker’s Allowance / Job Centre Plus/DWP / No later than the date on which the ET fee was paid or was due.
Income Support / Job Centre Plus/DWP / No later than the date on which the ET fee was paid or was due.
Universal Credit / Job Centre Plus/DWP / No later than the date on which the ET fee was paid or was due.
Pension Credit Guarantee / The Pensions Service/DWP / Assessed Income Period should cover the current financial year (i.e. April to April)
Income-related Employment and Support Allowance / Job Centre Plus/DWP / No later than the date on which the ET fee was paid or was due.

I’m not currently in receipt of benefits even though I applied for income-based JSA following my dismissal. Will I be entitled to fee remission now that I have no income?

You will not automatically qualify for fee remission because you have no income but you may qualify for full or partial remission because your gross monthly incomeis below or the same as the specified threshold (please refer below) and you meet the disposable capital test. Furthermore, if you succeed in your application for income-based JSA after the issue fee has been paid, you maybe entitled to fee remission in respect of hearing fees incurred by the Union at a later date.

What are the gross monthly income thresholds?

Full Remission
Gross monthly income with: / Single / Couple
No children / £1,085 / £1,245
One child / £1,330 / £1,490
Two children / £1,575 / £1,735
£245 for each additional child
Part Remission
Gross monthly income with: / Single / Couple
No children / £5,085 / £5,245
One child / £5,330 / £5,490
Two children / £5,575 / £5,735
£245 for each additional child

For every £10 of income you have over the threshold, the Union will be required to pay £5 towards your tribunal fee. The tribunal will calculate whether a contribution towards the fee is required. A blank gross monthly income form is attached at Appendix 1 (page 10) for your use.

What sort of evidence must I produce to show that my gross annual income does not exceed the relevant threshold?

The tribunal will require the following evidence.

Basic information – You must give the tribunal evidence of your name, address, dependent children, status and your gross monthly income as set out below.

Bank statements – You must provide the tribunal with your last three months’ bank statements beforethe date on which the ET fee waspaid/was due (and those of your partner if you apply as part of a couple) in addition to the evidence detailed below. You are permitted to give the tribunal online bank statements.

Wage slips – If you are paid on a monthly basis, you must provide the tribunalwith a copy of your last wage slip but it must not be more than six weeks older than the date on which the ET fee was paid/was due. If you are paid on a weekly basis, you must provide a full month of wage slips which are no more than six weeks older than the date on which the ET fee was paid/was due.

Income from people living with you – If you receive rent, board, contribution to the household, etc., from any people living with you, you must give the tribunal a letter from that person or those people dated within the last month, which confirms the arrangement, how much they pay and how often they pay.

Pension – If you receive a state, private or occupational pension which is not exempted as a qualifying benefit (refer to page 5), you must give the tribunal current notification, letters or statements confirming your pension payments.

Rental income from any and all properties – If you receive income from the rent of properties, you must give the tribunal tenancy agreement(s) or lease(s) for each property showing the rents currently being paid and how often.

Stocks, shares, bonds or any other financial arrangement – If you receive income from stocks, shares or any other financial arrangement you must give the tribunal current statements or certificates showing the arrangement and how much income you receive.

Child maintenance payments – if you receive child maintenance you must give the court an original copy of the document(s) that shows the amount you receive and how often, for each child that maintenance is received for. The evidence must be in the form of either (a) a sealed court order, or (b) a child support agency assessment, or (c) a signed voluntary agreement (signed by both parents).

Any other income - if you receive income in another way not listed above, such as selling goods for profit, you must provide the tribunal with official evidence that shows the amount of income received, how it is received and how often.

You do not need to include any of the benefits listed at pages 20 and 21 of booklet EX160A, which is available at hmctsformfinder.justice.gov.uk.

What circumstances would be considered exceptional enough for me to be granted full or partial remission?

There is no hard and fast rule about this but you may qualify for full or partial remission if paying the tribunal fee means you will not be able to pay rent or mortgage arrears which could lead to you being made homeless. The tribunal manager is the only person who can make this decision and it is based on information given to the tribunal at the time the tribunal fee is due. Since the Union would meet the cost of the tribunal fee in practice, it is unclear whether this would influence the tribunal manager’s decision. However, if you believe your circumstances are exceptional enough to warrant an application for fee remission,please let us know before the hearing fee is paid, as you will not be permitted to make a retrospective application for fee remission at a later date, contrary to the general rule.

What if my claim is part of a multiple?

If your claim is one of a number of claims against the same employer we will still require you to assess your eligibility for fee remission. If a sufficient number of members qualify for fee remission the Union may be liable to pay no more than the fee normally paid by a single claimant because the rule is that no individual in a ‘fee group’ should have to pay more than the single fee. By way of example, ten members bring a Type B claim against the same employer in respect of the same facts. Nine of the members are claiming income based JSA and are therefore eligible for full fee remission. The Union is asked to pay £500 in order to lodge the claims. However, because nine of the members are eligible for full remission, the Union will be required to pay only £250 (i.e., the single fee for a Type B claim) in respect of the member who is not entitled to fee remission.

What will happen if I am successful in my application for fee remission?

If you are successful in your application for fee remission, the issue and/or hearing fee paid by the Union will be refunded to you rather than to the Union, either in whole or in part. The refund will not be paid to the Union because a retrospective application for fee remission is available only to individuals. If you do receive a refund from the tribunal please let your caseworker know so that arrangements may be made for the Union to be reimbursed.

APPENDIX 1

GROSS MONTHLY INCOME FORM

Monthly Income / Applicant £ / Partner £
Gross income (before tax and other deductions)
Income from people living with you
Lodger or tenant
Non-dependent children
Relative
Pension
State
Private
Occupational
Child benefit
Other benefits(except excluded benefits)
Money from rents, shares, bonds or other financial arrangements
Any other income
Total monthly income

ET FEE REMISSION LEAFLET (SEPT 14)_LS109 September 2018

Created: 11 September 2014/LS&SA