Return to tribunal fees considered

Thursday 29th November 2018

Followers of our E-Brief will of course recall the Supreme Court decision in R (Unison) v Lord Chancellor which abolished Employment Tribunal fees. In light of recent Ministry of Justice comments, it appears the government is considering the reintroduction of a fee regime.

On 2 November 2018, Richard Heaton, Permanent Secretary at the Ministry of Justice, said ministers are considering a new fee scheme that would be ‘proportionate, progressive and maintain access to justice’, but that there were ‘no immediate plans’.

No further details were given, and in the context of Brexit, and lingering criticisms of the previous Fees Orders,  it is unlikely to be a priority for the government at the moment. Additionally, as we noted back in August 2017, any fees are likely to be at lower levels than previous.