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Since July 2017, following a ruling by the Supreme Court, claimants wishing to bring a claim against their employer in the Employment Tribunal have not had to pay a fee. Prior to this, between 2013 - 2017, fees would range from £390 to £1,200, depending on the complexity of the case.
In the 2017 ruling, fees were successfully asserted by Unison to be a barrier to many on low incomes from obtaining justice. However, 7 years later, the government is proposing the reintroduction of fees albeit at a lower cost than they were previously.
The open consultation, published on 29 January, proposes an amount of £55 with support being given to those “who cannot afford to pay the proposed fee” via the Help with Fees Scheme (subject to eligibility criteria). The £55 fee will cover the entire claim in the Employment Tribunal, with a further £55 payable to issue a claim in the Employment Appeal Tribunal.
The consultation highlights that, with no fee payable, the cost of running the Employment Tribunal is borne solely by the tax payer. Thus, the introduction of a fee will mean that its users are contributing toward the service. The consultation advises that the direct running costs of the Employment Tribunal and Employment Appeal Tribunal was c. £80 million in 2022/2023.
The consultation is open until 25 March 2024, and we will provide an update on the status of the reintroduction of fees once further announcements are made.
If you require legal advice on how to manage a flexible working request, speak to a member of our employment team on 01689 887 887.