Tribunal Fees Set to Return?
The government is considering the reintroduction of tribunal fees – earlier the Supreme Court ruled that the fees were a barrier to justice and therefore unlawful, and their resultant scrapping in 2017 led to a 165% increase in single claims. The fees were celebrated in 2013 by employers as an end to spurious greed driven employment claims (their introduction led to a 70% reduction in claims numbers) but most commentators felt the fees, at £1200 for a tribunal hearing, were too high.
If fees are reintroduced they will certainly be at a lower level than the previous incarnation, but their reintroduction at any level is likely to be fiercely opposed by employment lawyers, many of whom suffered or went bust under the old fee regime, and unions. myHRdept’s view is that some lower level of fee would be appropriate to balance the legitimate view of employers that some claims are vexatious against the equally legitimate view of the legal profession and unions that fees at any level deter wronged employees from seeking legal recourse.