Following reports that the Government was on the verge of reintroducing employment tribunal (ET) fees, the Justice Secretary and Deputy Prime Minister, David Lammy, has confirmed that this will not happen.
During 2013 and 2017, claimants had to pay a fee to bring a claim to the Employment Tribunal. A two tier system required a payment of £390 for a lower level claim and £1200 for an unfair dismissal or discrimination claim. The upfront fee was paid on the premise that, where the claimant won their claim, the employer would reimburse the cost of the fee alongside the compensation awarded by the judge.
Is the Labour Government bringing back employment tribunal fees?
Following a robust legal challenge resulting in a judicial review, the system was abolished. The Supreme Court found that the scheme blocked access to justice and was discriminatory towards certain groups.
The previous Conservative government proposed the reintroduction of fees in early 2024. A “modest” £55 issue fee was suggested for most ET claims.
However, these plans fell away when the Conservatives lost last year’s General Election.
Lammy commented “Everyone, no matter their income, should be able to get access to justice to challenge unfair behaviour at work. That’s why it will remain free to bring a case to an employment tribunal.”
He added “This is fundamental to Labour’s plan to make work pay.”
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