Government to assess the impact of Employment Tribunal fees

The government is to carry a review of Employment Tribunal fees, which have proved highly controversial since they were introduced in 2013.

The fees are designed to discourage frivolous claims and ensure that the person taking legal action bears some of the cost. Employees currently have to pay up to £1,200 to bring a claim before a tribunal.

The new system quickly led to an 80% fall in claims, although there is some evidence that the figures are now starting to rise again.

The review will assess how successful fees have been in achieving the government’s original objectives, which were:

• to transfer a proportion of the costs from the taxpayer to those who use the tribunal where they can afford to do so
• to encourage parties to seek alternative ways of resolving their disputes
• to maintain access to justice.

The review will also cover whether there has been a reduction in weak claims, the take up of alternative dispute resolution services, and the reasons for the reduction in the number of claims.

The review is expected to take until the end of the year. We shall keep clients informed of developments.

Please contact Robert Bedford if you would like more information about the issues raised in this article or any aspect of employment law.