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Employment Tribunal Fees Ruled Unlawful

Jul 26, 2017
In a landmark case the Supreme Court has today ruled that employment tribunal fees are unlawful.

In July 2013 the government introduced fees that were payable by employees seeking to bring claims against their employers. These fees ranged from between £160 - £1,200 depending on the type of claim employees were seeking to bring in the Tribunal. 

The fees led to a dramatic drop in the amount of cases that were brought against employers in the Employment Tribunal. It had been argued that the fees had not only stopped those claims which were made without merit but, had also prevented employees with genuine claims from employees on low income who were unable to afford the fees.

Today’s ruling means that fees are no longer payable by employees and the government has announced that they will repay any fees that have already been paid since they were introduced. It is likely that the government will conduct a review that may result in fees being reintroduced but at a lower level. 

Employers must therefore ensure that they continue to treat their employees fairly and lawfully and seek advice from us if they are unsure of their obligations under Employment law legislation given that there is likely to be an increase in claims.