0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Will there be a return of employment tribunal fees?

19 June 2020

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

According to the Times, Whitehall officials have requested that the Law Commission set up a think tank to provide recommendations on creating a new system for charging and updating fees.

In 2017, the Supreme Court ruled that the Government had acted unlawfully and unconstitutionally when introducing the fees in 2013. As a result, the Government had to refund Claimants approximately £32 million pounds.

It raises the question of how the Government intends to reintroduce these fees without acting in direct contravention of this ruling.

Some are predicting that if a new fee structure was to be introduced, this could be bought in within the next 12-18 months. If this is correct, it would likely see a rapid reduction in the number of claims brought, potentially mirroring the reduction in 2013 which led to 79% fewer cases being brought.

A swift introduction of a new fee structure could coincide with the recovery of businesses from the effects of Covid 19 but is unlikely to protect them from any potential claims flowing from this pandemic, given the current limitation periods for employment claims.

Related opinions

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Evidence of guilt not always required for fair dismissal

This case offers particularly helpful guidance for employers when being faced with employees who are suspected of criminal wrongdoing, albeit care should always be given to ensure allegations are clearly defined and considered on their own merits.

View blog

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

The frontier worker permit

All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up