Jack Boyle takes a look at the thorny issue of Employment Tribunal fees.
Employment Tribunals date back to 1964, when they were known as Industrial Tribunals. The system has always been one which is “free” to access, in the sense that (unlike other legal jurisdictions, such as courts) there were no fees to lodge a claim.
That was the position until July 2013 when the Conservative government introduced Employment Tribunal fees for the first time.
Claimants were required to pay 250 to lodge a claim, and a further 950 if the claim was to proceed to a hearing (there were cheaper fees for simpler cases such as wages claims). There was also a remission scheme so those with limited financial means could obtain partial or full remission of these fees.
The stated aims of the 2013 fee regime included: passing on some of the cost of the system to those who used it; encouraging parties to resolve their disputes by other means (mandatory pre-claim ACAS conciliation was introduced shortly after the fee requirement); and to protect access to justice.
The impact of the fee regime was immediately apparent. In the first 12 months of the paid system, claims fell by 53 per cent.
The fee system remained in place for almost exactly four years until it was quashed by the Supreme Court, following a lengthy legal battle involving trade union Unison. The fees were deemed to be a barrier to access to justice.
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