Statutory rates & limits
|
TRIBUNAL AWARDS
Type of Payment
|
MAXIMUM COMPENSATION – From 1 Feb 2013 |
MAXIMUM COMPENSATION – From 1 Feb 2012 |
|
Limit on a week’s pay (gross) e.g. statutory redundancy pay
|
£450 |
£430 |
|
Unfair dismissal basic award
|
£13,500
(20 x 450 x 1.5) |
£12,900
(20 x 430 x 1.5) |
|
Statutory redundancy payment |
£13,500
(20 x 450 x 1.5) |
£12,900
(20 x 430 x 1.5)
|
|
Unfair dismissal compensatory award
|
£74,200 (2)
Note: where the effective date of dismissal is after 29 July 2013 the maximum is £74,200 or, if lower, 52 weeks' gross pay
|
£72,300 (2) |
|
Unfair dismissal additional award
(Failure to comply with an order for re-instatement or re-engagement)
|
52 weeks’ pay, up to £23,400
(Minimum of 26 weeks’ pay or £11,700) |
52 weeks’ pay, up to £22,360
(Minimum of 26 weeks’ pay or £11,180) |
|
Guarantee pay limit for a day’s pay during short-time or temporary lay off
|
£24.20 a day (subject to a maximum of 5 days or £121.00 in any 3 months) |
£23.50 a day (subject to a maximum of 5 days or £117.50 in any 3 months) |
|
Breach of right to be accompanied
|
2 weeks’ pay, up to £900 |
2 weeks’ pay, up to £860 |
|
Breach of contract cases heard in the employment tribunal (not civil courts)
|
£25,000 |
£25,000 |
|
Failure to consult over collective redundancies
|
90 days’ actual pay |
90 days’ actual pay |
|
Failure to inform and/or consult over a TUPE transfer
|
13 weeks’ actual pay |
13 weeks’ actual pay |
|
Failure to give statement of employment particulars
|
4 weeks’ pay, up to £1,800 |
4 weeks’ pay, up to £1,720 |
|
Breach of flexible working regulations |
8 weeks’ pay (up to £3,600)
|
8 weeks’ pay (up to £3,440) |
|
Discrimination
Race, sex, disability, sexual orientation, religion or belief and age. |
No Limit
Compensation for injury to feelings can be awarded for discrimination. |
No Limit
Compensation for injury to feelings can be awarded for discrimination. |
Notes
1. There is a minimum award (£5,500 from 1 February 2013) in exceptional cases – where the reason or principal reason for dismissal is trade union membership or activities; activities as a health and safety representative; duties as an occupational pension scheme trustee; functions or activities as an employee representative or candidate; or working time grounds.
2. There is no limit on the compensatory award for unfair dismissal where the reason or principal reason for dismissal/selection for redundancy is:
• For reasons connected with health and safety
• That the employee made a protected disclosure (whistleblowing)
TRIBUNAL FEES
Single Claimant:
|
Fee Type |
Type A Claims
Statutory redundancy pay, equal pay, unlawful deductions from pay, breach of contract. |
Type B Claims
Unfair dismissal, discrimination, whistleblowing. |
|
Issue fee |
£160
|
£250 |
|
Hearing fee
|
£230 |
£950 |
Specific applications:
|
|
Review Default Judgment
|
Application to dismiss following settlement |
Mediation by the judiciary |
Counterclaim |
Application for review |
|
Type A
|
£100 |
£60 |
- |
£160 |
£100 |
|
Type B |
£100 |
£60 |
£600 |
- |
£350 |
No fee for preliminary hearings.
Fee groups (multiple claimants)
|
|
Number of claimants in fee group
|
||
|
|
2-10 (2 x the single fee) |
11-200 (4 x the single fee) |
over 200 (6 x the single fee) |
|
Issue fee
|
£320 |
£640 |
£960 |
|
Hearing fee |
£460 |
£920 |
£1380 |
|
|
Number of claimants in fee group
|
||
|
|
2-10 (2 x the single fee) |
11-200 (4 x the single fee) |
over 200 (6 x the single fee) |
|
Issue fee
|
£500 |
£1000 |
£1500 |
|
Hearing fee |
£1900 |
£3800 |
£5700 |
In the Employment Appeal Tribunal the fees are £400 to lodge an appeal and £1200 for a full hearing.
Full remission of fee: qualifying benefits
No fee is payable if, at the time when the fee would otherwise be due, the party is in receipt of any of the following qualifying benefits:
-
Income support under the Social Security Contributions and Beneficts Act 1992
-
Income based jobseeker's allowance under the Jobseekers Act 1995
-
Guarantee credit under the state Pension Credit Act 2002
-
Income related employment and support allowance under the Welfare Reform Act 2007
-
Working tax credit, provided that the applicant is not also receiving Child Tax Credit.
Receipt by a partner of a qualifying benefit does not entitle the party to remission of a fee (paragraph 6(2), schedule 3, draft Fees Order 2013).
Full remission of fees: gross annual income
No fee is payable if, at the time when the fee would otherwise be due, the party's gross annual income (together with that of their partner if they are a couple) is calculated to be not more than the following thresholds:
-
Those with no children: £13,000 (single); £18,000 (couple)
-
Those with one child: £15,930 (single); £20,930 (couple)
-
Those with two children: £18,860 (single); £23,860 (couple)
-
Those with three children: £21,790 (single); £26,790 (couple)
-
Those with four children: £24,720 (single); £29,720 (couple)
-
Those with more than four children should add £2,930 for each further child to the thresholds given for those with four children.
|
FAMILY FRIENDLY RATES (per week)
|
AMOUNT PER WEEK* (from 7 April 2013) |
AMOUNT PER WEEK* (from 1 April 2012) |
|
Statutory maternity pay |
£136.78 |
£135.45 |
|
Statutory paternity pay |
£136.78 |
£135.45 |
|
Statutory adoption pay |
£136.78
|
£135.45 |
|
|
AMOUNT PER WEEK (from 6 April 2013)
|
AMOUNT PER WEEK (from 6 April 2012) |
|
STATUTORY SICK PAY (per week) |
£86.70
|
£85.85 |
Notes
* (or 90% of normal weekly earnings if lower)
|
NATIONAL MINIMUM WAGE |
Rates applicable from 1 October 2012 |
Rates applicable from 1 October 2011 |
|
Age 16-17 |
£3.68 |
£3.68 |
|
Age 18-20 |
£4.98 |
£4.98 |
|
Age 21 or over |
£6.19 |
£6.08 |
|
Accommodation off-set (maximum deduction per day from NMW where employer provides accommodation) |
£4.82 |
£4.73 |
|
Apprentices under 19 (or over 19 during first 12 months of employment) |
£2.65 |
£2.60 |
HR Facts & Figures
