Employment Tribunal Fees - the story continues
The Law Society Gazette has reported that the Ministry of Justice has confirmed it may reintroduce fees for employment tribunal claims, “insisting it can find a balance that helps fund the court system while being ‘proportionate and progressive’...”
Although nothing is set in stone, Richard Heaton, permanent secretary at the MOJ, is “confident a fee system can be found that will ensure access to justice”.
Tribunal fees were scrapped following the 2017 case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 in which the Supreme Court declared the level of the tribunal fees imposed to be unlawful. Since the scrapping of the fees, there has been a 90 per cent increase in claims. The MOJ has confirmed that it is considering the reintroduction of employment tribunal fees as a result.
Fees were introduced in July 2013 and in some circumstances claimants had to pay up to £1200. The aim was to reduce the number of malicious or weak cases following much criticism that the system was unbalanced in favour of the claimant. However, over the subsequent three years the number of cases brought in the employment tribunal reduced by approximately 80 per cent with fears that the level of fees was impinging on access to justice as the fees were unaffordable even for those with strong claims.
The judgment forced the MOJ to facilitate the refund of fees incurred under the tribunal system between 2013 and 2017, costing up to £15.8m up to the end of financial year ending April 2018.
Heaton, answering questions from the House of Commons Justice Committee, noted that the judgment did not completely rule out the concept of fees, and that there may be a level of fees that can be found that doesn’t impede access to justice. ‘We have taken time over this,’ he said. ‘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.’
Posted on 12/05/2018 by Ortolan
