A consultation paper has just been issued by the Government about re-introducing fees in Employment Tribunals and the Employment Appeal Tribunal.

The government says it has considered the case of Unison v The Lord Chancellor and impact of the Supreme Court’s 2017 judgment; which ruled the previous fees regime was unlawful.

If re-introduced, in order to bring a claim in the Employment Tribunal; the proposed fee is £55.00.

It would be a one-off fee, with no further fee payable and no distinction (as before) between Type ‘A’ and Type ‘B’ cases. The fee would also be £55.00 whether it is a single Claimant or a multi-party action.

In addition, there would also be a £55.00 fee to start an appeal in the Employment Appeal Tribunal.

It is planned that a system for remission from fees will exist for those who genuinely cannot afford the fees (this is to be defined by the Government).

Some very limited claims will be exempted; these mainly being claims against the national redundancy fund, and claims for failure to collectively consult in large scale redundancies.

The consultation closes on 25 March 2024.

If Employment Tribunal fees are re-introduced, it would prove helpful to employers as it may result in potential claimants be deterred from issuing claims against businesses.

Of course, it remains to be seen if there is enough time to bring this into force before the next election!

Farleys specialise in employment law & HR for businesses. If your business requires HR & employment law advice and support in relation to the cost of living crisis and/or in relation to any other specific areas for example, contracts of employment, staff handbooks, absence from work, home-working, apprentices, recruitment, restructures, redundancy, lay-off, short-time working, disciplinaries, grievances, employee exits, settlement agreements, and Employment Tribunal claim or defence and representation, please call 0845 287 0939 or contact us by email through our online contact form.