Back in February this year, the previous Conservative Government launched a public consultation on its proposal to re-introduce Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) fees. This announcement was significant, because fees had previously been in place until a Supreme Court ruling in 2017 deemed them to be unlawful because they prevented access to justice.
The proposals the Government at the time put forward, were significantly less, therefore more affordable and less of a risk of them preventing justice being sought. We also understand that there would be exceptions to the rules for when a fee will be required.
These proposed fees had been planned to be introduced in November 2024. However, under the new Labour Government, we are waiting to hear if they are to proceed. There have been indications in the press that they may be in favour to do so, given the proposed fees are nominal and that they meet the tests of affordability, proportionality and simplicity. Balancing this also along with the administration work that is involved by the courts in managing claims.
The proposed fees, if they do go ahead are:
- A fee of £55, payable by an individual when bringing a new ET claim
- Regardless of whether the claim is by multiple complainants or an individual, it will remain a flat fee of £55. It could therefore be split by several individuals and would cover the entire ET process
- A fee of £55 to be introduced, paid by an appellant when lodging an EAT claim
- The fee for an EAT claim would be for each judgement, and so it could be greater where an appeal is against two ET decisions
We will continue to monitor this and will share any updates next month
📩 Stay updated on the latest employment law changes by signing up for our newsletter.
📞 Need tailored advice? Contact us today at 0844 324 5840 or complete one of our contact forms to speak with our experts.
