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Possible re-introduction of Employment Tribunal Fees announced

The Ministry of Justice has confirmed that it is considering the reintroduction of Employment Tribunal fees.

The Government was heavily criticised by the Supreme Court in 2017 for the fee structure which was declared unlawful because it denied Claimants access to justice.

Tribunal fees were introduced in July 2013 and meant in certain circumstances claimants had to pay up to £1,200 to pursue a claim against their employer.

Richard Heaton, Permanent Secretary at the MoJ has highlighted that the Supreme Court judgment did not completely prevent the reintroduction of fees. He said “We have taken time over this. We have to get the fee level right. I can see a scheme working that is both progressive and allows people out of paying fees where they can’t afford to.”

At this stage it is unclear when, how (or perhaps even if) fees will be reintroduced but we will update you as soon as there are any further developments.

In the meantime, do not hesitate to get in touch with any Tribunal queries you have.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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