In 2013, the Government introduced fees for bringing claims to the Employment Tribunal and the Employment Appeal Tribunal. Although they were then abolished following a Supreme Court ruling in 2017, the issue is back in the spotlight and the subject of fee-rocious debate once more following the publication of a Government consultation into their re-introduction.

Last time round fees ranged between 390 and 1,200 for a claimant to bring a Tribunal claim, with the cost of taking a matter to the EAT totalling an additional 1,600. This led to a 50%+ reduction in the number of claims brought, and arguments that the fees acted as a barrier to justice. Employers were undoubtably fine with it, but the right of access to justice is as inviolable as it is sometimes inconvenient. The Supreme Court ruled that the 2013 Fees Order was unlawful ‘ab initio’ (or ‘from the off’ for any non-Latin speakers) and so it was duly quashed. Since then, cases have increased again, although not to pre-2013 levels.

The Government is now consulting on whether to re-introduce fees on a more limited basis, following the three principles of affordability, proportionality and simplicity with a mind to what is reasonable for claimants (often litigants in person) during the 3-6 month window in which they can submit a claim. It is proposing a flat issue fee of 55 that would cover the claim all the way through to hearing, with a further fee of 55 at the EAT for each judgment/decision being appealed.

The...

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