Tribunal Fee case update

It was widely reported that the Supreme Court ruled that the Government’s introduction of fees for claimants to bring Employment Tribunal claims unlawful, as it prevented access to justice and was indirectly discriminatory against women.  Subsequently, the Ministry of Justice has indicated that it “will take immediate steps to stop charging fees in Employment Tribunals”.  The same statement also stated that the Government would be reviewing what fees might be justifiable in the future.

The unanswered question, therefore, is whether a revised fee structure will be introduced.

Until such time as a new fee structure is introduced, there will be no charge to claimants for bringing claims to the Employment Tribunal.  It remains to be seen whether this will result in a significant increase in claims, since the introduction of fees, the level of claims being brought to the Employment Tribunal has reduced by circa 60%.