“Many of the low value employment breach of contract claims, such as non-payment of wages, can be dealt with as small claims, provided they are under £10,000 in value.”
The Law Society Gazette very recently published an article suggesting that a number of Claimants were using the County Court instead of the Employment Tribunal for breach of contract claims.
The introduction of fees in the Employment Tribunal means that it can be more expensive to start and pursue a claim for unpaid wages in the Tribunal, than it would to be in the County Court.
For example, if an employee wanted to pursue a claim for unpaid wages of £1,500, the issue fee to commence the claim would be £160 in the Tribunal and £80 in the County Court (or £70 if the claim is issued online using MCOL). If the claim was defended, in the Tribunal the trial fee would be £230 whereas the County Court trial fee would be £115.
There are limits however as to the types of claim that can be brought in the County Court.
