The Guardian has reported that Keir Starmer’s Labour Government is considering the re-introduction of Employment Tribunal fees.
Employment Tribunals have been free to access ever since the previous fees system was abolished in 2017, following a Supreme Court ruling that the specific fees regime adopted was unlawful. That judgment was critical of the level of fees charged as being unaffordable and disproportionate – but did leave the door open for the possibility that a more proportionate level of fee would be lawful.
According to sources mentioned by the Guardian, the proposal would involve a fee of £55 being charged to bring a tribunal claim. This ties in with a proposal on which the previous Conservative government consulted back in 2024.
There has been no official confirmation of this plan; the Guardian states that it is being considered for the Chancellor’s forthcoming spending review.
When fees were in place last time, the number of tribunal claims fell dramatically which was good news for business and employers. However, we are not convinced that a fee of only £55 will be enough to deter Claimants from bringing claims.
Watch this space for further developments.