Consultation response to Employment Tribunal Fee Introduction

Legal Services Agency recently contributed to an important consultation by the Ministry of Justice (MOJ) regarding the potential introduction of a £55 fee to be payable by claimants when submitting an Employment Tribunal or Employment Appeal Tribunal claim.

The MOJ referred to three key principles underpinning the overall proposal: affordability, proportionality and simplicity.

In a detailed response, we argued that these principles would not be met if the proposal was implemented.

With particular  regard to affordability: The MOJ described the fee as being at a ‘modest’ level. We argued that on an absolute basis that the proposed fee would not be affordable to many. Further, we argued that in the current cost-of-living crisis, the fee would not be affordable on an opportunity cost basis. As a charity and law centre, we have a particular focus on providing advice and representation to people who may otherwise find it difficult to obtain legal advice. We have significant experience in working with clients with limited disposable income and understand that any fee, no matter how ‘modest’, would be a barrier to access to justice.  Employment Tribunals perform an important public function. Imposing a fee – of any amount – on claimants but not respondents is structurally unfair.  If the proposal is implemented it may prevent or at least  discourage claimants from bringing claims to protect and enforce their legal rights. This could have an unintended consequence of fostering unlawful or otherwise poor employment law practices.

We have been pleased to note press releases and other publications in recent days, that accord with our view. We are hopeful that the government will consider the responses carefully and do the right thing by not implementing the proposal.