Consultation to re-introduce Employment Tribunal Fees

On 29th January 2024, the Government published a consultation paper proposing the reintroduction of fees at the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT).

 The proposal is to introduce an issue fee of £55 that the claimant must pay when they bring a claim to the Employment Tribunal or Employment Appeal Tribunal.  If claims are made by multiple claimants, the fee will remain the same, of which the cost of the fee can be shared.

The proposal put forward is designed to ensure that users of the system pay towards the costs of the tribunals in line with other claimants who are subject to payment of court fees, for example in the family court.

The Government has an existing court fee remission scheme called Help with Fees – it has been proposed that this scheme will also apply to Employment and Appeal Tribunals.  This scheme has recently been revised where the scope of the income thresholds have become more generous.

The Government does reference in the proposal to the previous ruling by the Supreme Court where they held that the previous and higher fees for Employment Tribunals were unlawful and were therefore revoked.  They have made assurances that any new fees imposed will be affordable and proportionate.

The proposal of the new fee scheme is anticipated to generate between £1.3 - £1.7m a year from 2025/26 onwards.

If you would like any further information on this article or would like to discuss your employment law and HR matters, please don’t hesitate to contact at hello@alphr.uk and we will be delighted to help you.