Government reportedly reviewing plans to reintroduce employment tribunal fees
Reports suggest the government is considering reintroducing modest fees for employment tribunal and appeal claims, though no decision has yet been made.
Background
According to press reports, the government is reviewing whether to reintroduce fees in the employment tribunals and Employment Appeal Tribunal (EAT). Fees have not been payable since 2017, when the Supreme Court declared the previous regime unlawful.
The former Conservative government consulted last year on a “modest” £55 issue fee for employment tribunal claims (excluding those to the National Insurance Fund) and a £55 appeal fee per decision in the EAT. That consultation closed in March 2024, but no government response has yet been published.
It is understood that the new Lord Chancellor, David Lammy, is reviewing departmental policies before confirming the government’s position. A Ministry of Justice spokesperson reportedly commented that decisions on spending and fees are still under consideration.
What this could mean for employers
The possible return of tribunal fees comes at a time when the Employment Rights Bill is expected to increase claim volumes and put further pressure on the tribunal system. Reintroducing fees could help manage caseloads, but may also affect access to justice and the dynamics of early settlement discussions.
Employers should note the direction of travel and await confirmation from the Ministry of Justice before any practical steps are needed. If fees are reintroduced, they may influence employees’ willingness to bring claims and could reshape the overall claims landscape once again.
We will continue to report on developments.