Employment Tribunal Fees May Be Reinstated

According to The Times today, the Ministry of Justice has written to the Law Commission inviting:

“recommendations for creating a coherent system for charging and updating fees in the future”.

The Law Commission is an independent body which consults extensively before recommending reforms.

Previous Employment Tribunal fees regime

The previous fees regime in the Employment Tribunal was abolished in July 2017 following a decision of the Supreme Court in the legal challenge brought by Unison. This regime was widely criticised for limiting access to justice due to the levels of fees payable by the employee looking to bring a claim and the difficulties in applying for exemptions to these fees. Removing the fee structure and refunding fees paid was a massive administrative and economic feat.

It was generally noted at the time that this ruling did not preclude the Government from introducing a less objectionable fee scheme in future and the rationale behind the introduction of any fees continues to be applicable (i.e. that some of the costs of Employment Tribunal should be borne by the users and that there should be some deterrent to unmeritorious claims).

Any new fees regime is likely to see fees at a lower level and possibly payable by both parties.