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Type A and Type B Employment Tribunal Claims

From 29 July 2013, claimants wishing to lodge a claim with the Employment Tribunal Service are required to pay a fee, however the fee payable will depend on whether the claim is a 'Type A' or 'Type B' claim.

A 'Type A' claim are those which are more straightforward and 'Type B' claims, which are more complex, are any claims other than those classed as 'Type A' claims, such as unfair dismissal.

Table 2 of schedule 2 to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893) sets out all 'Type A' claims and is copied below for your reference. Any claims not listed in the table below would therefore be deemed to be 'Type B' claims and subject to higher fees.

See Employment Tribunal (ET) & Employment Appeal Tribunal (EAT) Fees article for more details. 

Type A claims

Description of claim

Provision identifying the rights of the claimant

Provision conferring jurisdiction on tribunal

Application by the Secretary of State to prohibit a person from running an employment agency

Section 3A of the Employment Agencies Act 1973

Section 3A of the Employment Agencies Act 1973

Application by a person subject to a prohibition order to vary or set it aside

Section 3C of the Employment Agencies Act 1973

Section 3C of the Employment Agencies Act 1973

Appeal against improvement or prohibition notice

Section 24 of the Health and Safety at Work etc Act 1974

Section 24 of the Health and Safety at Work etc Act 1974

Appeal against assessment of training levy

Section 12 of the Industrial Training Act 1982

Section 12 of the Industrial Training Act 1982

Complaint of deduction of unauthorised subscriptions

Section 68 of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 68A of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint relating to failure to deduct or refusal to deduct an amount to a political fund

Section 86 of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 87 of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint that employer has failed to permit time off for trade union duties

Section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint that employer has failed to permit time off for union learning representatives

Section 168A of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 168A of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint that employer has failed to pay for time off for union learning representatives

Section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 169 of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint that employer has failed to permit time off for trade union activities

Section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint that employer has failed, wholly or in part, to pay remuneration under a protective award

Section 190 of the Trade Union and Labour Relations (Consolidation) Act 1992

Section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992

Complaint that the Secretary of State has not paid, or has paid less than, the amount of relevant contributions which should have been paid into a pension scheme

Section 124 of the Pension Schemes Act 1993

Section 126 of the Pension Schemes Act 1993

Breach of contract, except where the employer's contract claim is made by way of application as part of the employer's response to the employee's contract claim

 

Section 3 of the Employment Tribunals Act 1996; arts.3 and 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (SI 1994/1623) and the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 (SI 1994/1624)

Reference to determine what particulars ought to be included in a statement of employment particulars or changes to particulars

Sections 1 and 4 of the Employment Rights Act 1996

Section 11 of the Employment Rights Act 1996

Reference to determine what particulars ought to be included in an itemised pay statement

Section 8 of the Employment Rights Act 1996

Section 11 of the Employment Rights Act 1996

Complaint of unauthorised deductions from wages

Section 13 of the Employment Rights Act 1996

Section 23 of the Employment Rights Act 1996

Complaint that employer has received unauthorised payments

Section 15 of the Employment Rights Act 1996

Section 23 of the Employment Rights Act 1996

Complaint that employer has failed to pay guarantee payment

Section 28 of the Employment Rights Act 1996

Section 34 of the Employment Rights Act 1996

Complaint that employer has failed to permit time off for public duties

Section 50 of the Employment Rights Act 1996

Section 51 of the Employment Rights Act 1996

Complaint that employer has refused to permit, or has failed to pay for, time off to look for work or arrange training

Sections 52 and 53 of the Employment Rights Act 1996

Section 54 of the Employment Rights Act 1996

Complaint that employer has refused to allow, or has failed to pay for, time off for antenatal care

Sections 55, 56, 57ZA and 57ZB of the Employment Rights Act 1996

Sections 57 and 57ZC of the Employment Rights Act 1996

Complaint that employer has refused to allow time off for dependants

Section 57A of the Employment Rights Act 1996

Section 57B of the Employment Rights Act 1996

Complaint that employer has failed to allow, or to pay for, time off for trustee of pension scheme

Sections 58 and 59 of the Employment Rights Act 1996

Section 60 of the Employment Rights Act 1996

Complaint that employer has failed to allow, or to pay for, time off for employee representative

Sections 61 and 62 of the Employment Rights Act 1996

Section 63 of the Employment Rights Act 1996

Complaint that employer has failed to allow, or to pay for, time off for young people (where the right to time off applies)

Sections 63A and 63B of the Employment Rights Act 1996

Section 63C of the Employment Rights Act 1996

Complaint that employer has failed to pay for time off on medical or maternity grounds

Sections 64, 68 and 68C of the Employment Rights Act 1996

Sections 70 and 70A of the Employment Rights Act 1996

Complaint that employer has failed to allow time off for study or training or the refusal is based on incorrect facts

Sections 63D to 63H of the Employment Rights Act 1996

Section 63I of the Employment Rights Act 1996

Complaint that employer has unreasonably failed to provide a written statement of reasons for dismissal or the particulars are inadequate or untrue

Section 92 of the Employment Rights Act 1996

Section 93 of the Employment Rights Act 1996

Reference in respect of a right to redundancy payment

Section 135 of the Employment Rights Act 1996

Sections 163 and 177 of the Employment Rights Act 1996

Reference related to payment out of National Insurance Fund

Section 166 of the Employment Rights Act 1996

Section 170 of the Employment Rights Act 1996

Reference related to payments equivalent to redundancy payments

Sections 167, 168 and 177 of the Employment Rights Act 1996

Section 177 of the Employment Rights Act 1996

Complaint that the Secretary of State has failed to make any, or insufficient, payment out of the National Insurance Fund

Section 182 of the Employment Rights Act 1996

Section 188 of the Employment Rights Act 1996

Appeal against a notice of underpayment

Section 19C of the National Minimum Wage Act 1998

Section 19C of the National Minimum Wage Act 1998

Appeal against a notice issued by the Equality and Human Rights Commission where the notice relates to an unlawful act

Section 21 of the Equality Act 2006

Section 21 of the Equality Act 2006

Complaint that prospective employer made enquiries about disability or health

Section 60 of the Equality Act 2010

Section 120 of the Equality Act 2010

Application in relation to the effect of a non-discrimination rule in an occupational pension scheme

Section 61 of the Equality Act 2010

Section 120 of the Equality Act 2010

Complaint in relation to a breach of a sex equality clause

Section 66 of the Equality Act 2010

Section 127 of the Equality Act 2010

Complaint in relation to a breach of, or application in relation to the effect of, a sex equality rule in an occupational pension scheme

Section 75 of the Equality Act 2010

Section 127 of the Equality Act 2010

Complaint in relation to terms prohibiting discussions about pay

Section 77 of the Equality Act 2010

Section 120 of the Equality Act 2010

Complaint that a term in a collective agreement is void or unenforceable

Section 145 of the Equality Act 2010

Section 146 of the Equality Act 2010

Appeal of decision of compensating authority

Regulation 42 of the Colleges of Education (Compensation) Regulations 1975 (SI 1975/1092)

Regulation 42 of the Colleges of Education (Compensation) Regulations 1975 (SI 1975/1092)

Complaint that employer has failed to pay for remunerated time off for safety representative

Regulation 4(2) of, and sch.2 to, the Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500)

Regulation 11 of the Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500)

Reference that there has been a failure to consult with employee representatives about contracting out of pension scheme

Regulation 4 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (SI 1996/1172) and reg.9 of the Occupational Pensions Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655)

Regulation 4 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (SI 1996/1172) and reg.9 of the Occupational Pensions Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655)

Complaint that employer has failed to pay safety representative for time off to carry out duties or undertake training

Regulation 7 of, and sch.1 to, the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513)

Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513)

Complaint that employer has refused to allow annual leave or adequate rest, or failed to pay compensation related to annual leave, make payment in respect of annual leave or allow compensatory rest

Regulations 13, 13A, 14, 16, 24, 24A, 27 and 27A of the Working Time Regulations 1998 (SI 1998/1833)

Regulation 30 of the Working Time Regulations 1998 (SI 1998/1833)

Appeal against improvement or prohibition notice

Paragraph 6 of sch.3 to the Working Time Regulations 1998 (SI 1998/1833)

Paragraph 6 of sch.3 to the Working Time Regulations 1998 (SI 1998/1833)

Complaint that prospective employer made enquiries about disability or health

Section 60 of the Equality Act 2010

Section 120 of the Equality Act 2010

Appeal against improvement or prohibition notice

Regulation 18 of the Control of Major Accident Hazards Regulations 1999 (SI 1999/743)

Regulation 18 of the Control of Major Accident Hazards Regulations 1999 (SI 1999/743)

Complaint in relation to refusal of annual leave or to make payment

Regulation 11 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (SI 2003/3049)

Regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (SI 2003/3049)

Complaint in relation to refusal to provide paid annual leave

Regulation 4 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756)

Regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756)

Complaint in relation to failure to provide free health assessments

Regulation 5 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756)

Regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756)

Complaint in relation to refusal of annual leave or to make payment

Regulation 11 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (SI 2004/1713)

Regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (SI 2004/1713)

Complaint that employer has refused to allow or failed to pay for time off for information and consultation or negotiating representatives

Regulations 27 and 28 of the Information and Consultation of Employees Regulations 2004 (SI 2004/3426)

Regulation 29 of the Information and Consultation of Employees Regulations 2004 (SI 2004/3426)

Appeal against improvement notice

Paragraph 6(2) of sch.2 to the Road Transport (Working Time) Regulations 2005 (SI 2005/369)

Paragraph 6(2) of sch.2 to the Road Transport (Working Time) Regulations 2005 (SI 2005/369)

Complaint in relation to failure of employer to inform or consult

Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246)

Regulation 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246)

Complaint that employer has failed to allow, or pay for, time off for functions as employee representative

Paragraphs 2 and 3 of the schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349)

Paragraph 4 of the schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349)

Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body

Regulations 28 and 29 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059)

Regulation 30 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059)

Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body

Regulations 43 and 44 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974)

Regulation 45 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974)

Appeal against notice from Health and Safety Executive or a local authority

Regulation 21 and part 2 of sch.8 to the REACH Enforcement Regulations 2008 (SI 2008/2852)

Regulation 21 and part 2 of sch.8 to the REACH Enforcement Regulations 2008 (SI 2008/2852)

Reference to determine what particulars ought to be included in an itemised statement of stipend

Regulation 6 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108)

Regulation 9 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108)

Reference to determine what particulars ought to be included in a statement of particulars or changes to particulars

Regulations 3 and 6 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108)

Regulation 9 of the Ecclesiastical Offices (Terms of Service) Regulations 2009 (SI 2009/2108)

Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body

Regulations 26 and 27 of the European Public Limited Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (2009/2401)

Regulation 28 of the European Public Limited Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (2009/2401)

 

 

 




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