The Government has published a consultation paper on fee remissions for the courts and tribunals, following the decision to implement a two-stage fee charging structure, requiring claimants to present an “issue fee” when they submit their claim or appeal, followed by a “hearing fee” prior to a hearing. The consultation paper sets out proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services. The Government has proposed a new system based on two distinct tests, both of which the applicant will have to pass to be eligible for a fee remission:
• Disposable capital test: this would determine whether an applicant is eligible for a remission, or waiver, based on an assessment of their household disposable capital, including savings and investments.
• Income test: if the applicant passes the disposable capital test, the next test would be to consider whether, based on their income, they should receive a full fee waiver, make a contribution to their fee, or pay the full fee.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
