Where an employer loses a tribunal claim there will be a new power for tribunals to order an additional financial penalty which will be payable to the Exchequer, not the claimant.

Where an award has been made in favour of the claimant the financial penalty will be half of that amount. This is subject to £100 minimum and £5,000 maximum. There will be a 50% reduction for payment within 21 days.
However, contrary to the original proposal, this penalty will not be automatic but will be at the discretion of the employment judge. Penalties will not be awarded for unintended or accidental short comings and it will be possible to appeal against such an award.

There are currently two different proposals on the introduction of fees for lodging tribunal claims.  The first option, which could be implemented in 2013, would see both an issue fee and a hearing fee payable by a claimant. The actual amount paid would depend on the nature of the claim and whether it was an individual claim or a multiple claim.

The second option proposed would not be implemented until 2014 and would involve the
payment of just an issue fee, the amount of which would depend upon what the claimant
stated their claim to be worth.
Contact Us to discuss your specific requirements