Tribunal fees - again

The government wants to reintroduce fees for employment tribunal claims and appeals to the EAT.

A consultation paper proposes the introduction of a one-off fee of £55 to present an employment tribunal claim or appeal to the EAT. The fee will be £55 whether it is a single claimant or a multi-party action.

The Ministry of Justice states that it has considered the impact of the UNISON judgment in 2017 which held that the then proposed fee regime was unlawful. It states that its new proposals are underpinned by three principles: affordability, proportionality and simplicity. Those who cannot pay will be supported by a fee remission scheme and some very limited claims will be exempt. The impact assessment accompanying the consultation estimates that such a fee scheme would bring in £1.3m-£1.7m a year from 2025-26 onwards. The consultation closes on 25 March 2024 and the new scheme would be introduced from November 2024.