Introducing fees in the Employment Tribunals and the Employment Appeal Tribunal – Consultation
The proposal to introduce fees in the ET and EAT is intended to relieve some of the cost to the general taxpayer
An effective courts and tribunals system underpins the rule of law, upholds and enforces rights and obligations and is an essential public service, relied upon by millions of people across the country to deliver the justice outcomes that matter to them.
This is especially apparent in the Employment Tribunals, which provide crucial services to individuals going through difficult and unsettling times in their lives. Whether a dispute arises due to alleged discrimination, unpaid wages or unpaid holiday pay, the Employment Tribunals offer employers and employees a crucial forum to resolve their disputes through just and certain outcomes.
This consultation proposes introducing modest fees in the Employment Tribunals and the Employment Appeal Tribunal. This will ensure users are paying towards the running costs of the tribunals and put its users on broadly the same footing as users of other court and tribunals who already pay fees, thereby ensuring cross-jurisdictional consistency.
The direct running cost of the ET and EAT was around £80 million in 2022/23, with c. 85,000 claims being brought to an ET in the same year.
The taxpayer also funds the early conciliation service provided by the Advisory, Conciliation and Arbitration Service (ACAS), which provides free and impartial advice to assist parties in resolving their employment disputes without having to bring a tribunal claim.
The proposal to introduce fees in the ET and EAT is intended to relieve some of the cost to the general taxpayer by requiring tribunal users to pay for the tribunal system, where they can afford to do so.
The Ministry of Justice has carefully considered the 2017 Supreme Court ruling on the previous approach to fees in the Employment Tribunals and has endeavoured to ensure that the fees proposed in this consultation are proportionate and affordable, in line with the judgment. As with other court and tribunal jurisdictions, those who cannot afford to pay the proposed fees will be supported by a fee remission scheme, Help with Fees (HwF). The HwF scheme provides individuals on low income and little to no savings with financial support towards the cost of their court or tribunal fees. If they meet the eligibility criteria, applicants will either be eligible for partial remission or full fee remission.
The consultation will run from 29 January 2024 for a period of 8 weeks and will close on 25 March 2024.
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