Remission of fees 7–10–13 to 26–7–17 [Archived]
Remission of fees 7–10–13 to 26–7–17 [Archived]

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Remission of fees 7–10–13 to 26–7–17 [Archived]
  • The system of remission
  • Application form and guidance
  • Those receiving legal aid
  • Calculating how much, if any, remission will be granted: a two-stage process
  • Definitions
  • Stage 1: the disposable capital test
  • Definition of disposable capital
  • Stage 2: the gross monthly income test
  • When remission will be refused (despite passing the stage 1 disposable capital test)
  • More...

Remission of fees 7–10–13 to 26–7–17 [Archived]

PLEASE NOTE: On 26 July 2017 the Supreme Court handed down its judgment in R (on the application of Unison) v Lord Chancellor [2017] IRLR 911 and declared that the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, SI 2013/1893, introduced on 29 July 2013, was unlawful under both domestic and EU law because it had the effect of preventing access to justice. The Court held that since it had that effect as soon as it was made, it was therefore unlawful ab initio, and must be quashed. This has the effect that fees no longer apply.

This Practice Note reflects the position prior to the Supreme Court’s judgment. It is retained as historical reference material only and is not updated.

The Supreme Court’s decision in R (on the application of Unison) v Lord Chancellor [2017] IRLR 911 and details of its prospective and retrospective implications are explained in our new Practice Note: The unlawfulness of employment tribunal and EAT fees: decision and implications.

The system of remission

The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 contains the provisions which regulate the system of remission of fees in employment tribunals and the Employment Appeal Tribunal.

The remission arrangements apply to all and any fees payable under the Fees Order 2013, ie to all

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