Making a claim against former employer: Does claim fee count towards overall claim amount?

karlvs

Hi first time poster, consumer rights seemed the closest category for my question.

I’m going to make a claim against a former employer for wages owed, redundancy package etc.

I want to keep my claim within the small claims limit of £10,000 so my claim isn’t submitted to the fast-track claim process.

My question is: does the claims fee count towards the overall claims amount? The government website form really doesn’t make it clear.

My claim is going to be exactly £10,000 which incurs a fee of £455. If the fee counts towards the £10K limit, then I’ll have to lower my claim to £9,545.

 

born_again

Not sure on fee, but what is the basis for small claims?

Alderbank

The simple answer is that it is in your claim if you claim it.

You have to pay the fee, that's not in dispute. However the claim amount is the total of all the itemised costs which you list in the particulars of claim. You choose what (permitted) costs to include, but if you include it then it forms part of your claim.

The £10,00 is a guide really, not an sharp cut-off.
The court officials examine each claim and assign to what they see as the most appropriate track. I believe that the estimated time to hear the case is a significant factor. It's not like Mr Micawber - £9,999 small claims, £10,001 fast track.

DullGreyGuy

Surely an employment tribunal would be better for unpaid wages or have you left it too late?

Alderbank said:

The £10,00 is a guide really, not an sharp cut-off.
The court officials examine each claim and assign to what they see as the most appropriate track. I believe that the estimated time to hear the case is a significant factor. It's not like Mr Micawber - £9,999 small claims, £10,001 fast track.

It is for the initial filing fee... which track it will be allocated to etc is more blurred and therefore you cannot guarantee being legal fee free by keeping it under £10k if the judge thinks it has the complexity to necessitate Fast Track. 

Savvy_Sue

Small claims is reckoned to be faster and easier than employment trubunal

penners324

Just use Money claim online.

DullGreyGuy

Savvy_Sue said:

Small claims is reckoned to be faster and easier than employment trubunal

It's just the county court, the court itself will decide if it's fast track or small track etc. As noted above it's not as clear cut that £10,000 goes to small track and £10,000.01 goes to fast track. The true cost of the OP's claim appears to be over £10,000 and so in principle it would go to Fast Track not Small. 

It may be faster but costs are higher and in Fast Track they could end up paying towards their former employers legal costs if they don't win.