The government has recently issued a consultation looking at the re-introduction of fees for Employment Tribunal (ET) claims and Employment Appeal Tribunal (EAT) appeals. The consultation paper can be found here: Introducing Fees in the Employment Tribunals and the Employment Appeal Tribunal - GOV.UK (www.gov.uk)
The proposal is for a one off fee of £55 to be paid when submitting a claim. The consultation comes several years after fees were removed in July 2017, following the Supreme Court judgement in the case of R (on the application of Unison) v Lord Chancellor where it was found that the previous fee system was unlawful. The judgement criticised the affordability of the previous fee regime, where fees could amount to £1,200 depending on the type of claim brought. The Government is also proposing a ‘Help with Fees’ remission scheme for eligible claimants who may qualify for whole or partial fee remission.
The Government hopes the payment of a fee might incentivise parties to settle disputes through ACAS without the need for a claim to be made to an ET.
The consultation closes on 25th March 2024.