The UK government is considering the reintroduction of tribunal fees for employment cases.
- The proposal includes a one-off fee of £55 per claim for employment tribunals and appeals.
- A consultation period will run from January 29 to March 25, 2024, to gather feedback.
- Paul Kelly of Blacks Solicitors comments on the potential impact on access to justice.
- The government aims for fee affordability, proportionality, and simplicity in the new proposal.
The UK government has put forward a proposal to reintroduce fees for employment tribunals and appeals, marking a significant shift from the current fee-free system. Central to this proposal is a flat fee of £55 per claim, intended to cover the entire journey of a claim through the tribunal process. The projected implementation of these fees has prompted a consultation period from January 29 to March 25, 2024, allowing for public and professional input.
The rationale behind reintroducing tribunal fees is rooted in aligning with other courts and tribunals that already implement similar charges. Additionally, the fees are intended to generate resources crucial for the efficient functioning of the tribunal system. Reflecting on past experiences, Paul Kelly, head of employment at Blacks Solicitors, offers insight into the introduction and subsequent abolishment of tribunal fees in 2017, following the Supreme Court’s ruling deeming them unlawful due to their hindrance of access to justice.
Kelly recalls that the 2013 implementation of tribunal fees had aimed to minimise frivolous claims but ultimately resulted in a significant decrease in claims—53% within the first year—due to the prohibitive costs for many claimants. The government now assures that the proposed £55 fee, combined with a revised fee remission scheme, will ensure affordability for claimants and appellants.
The proposal emphasises the principles of affordability, proportionality, and simplicity. It suggests that providing the tribunal service without overburdening taxpayers is feasible by charging modest fees. Additionally, the proposal maintains the Lord Chancellor’s authority to remit fees in cases of financial hardship, a measure intended to safeguard access to justice while supporting resource generation for the tribunal’s operation.
The government’s proposal to reintroduce tribunal fees seeks a balance between resource generation and maintaining access to justice.
