The End of Employment Tribunal Fees and Employment Appeal Tribunal Fees
Some people may remember that, between 2013 and 2017, those who chose to issue a claim in the Employment Tribunal (ET) or Employment Appeal Tribunal (EAT) were ordered to pay a fee to do so. A recent announcement from the government now means that employment tribunal fees and those in the appeal courts are unlikely to come into force again.
Why did Employment Tribunal fees cease?
Fees were last payable from 2013 to 2017. The imposition of such fees during this period reportedly resulted in a significant reduction of claims issued in the ET and EAT due to claimants being unable to afford the fees. This decline was also noted by employment law solicitors across the UK.
It was at this time that the Supreme Court quashed the requirement, rendering it ‘unlawful’ and detrimental to access to justice.
Why were Employment Tribunal fees considered again?
The government is currently concerned with the backlog of employment law cases waiting to be heard in both the Employment Tribunal and the Employment Appeal Tribunal. The levels have been described as a ‘crisis’, with some cases being listed as late as 2027.
It is further anticipated that the introduction of the impending Employment Rights Bill, which includes a number of significant changes to employment law, may result in an influx of tribunal claims, which will further exacerbate the delays.
In an attempt to tackle the backlog, in early 2024, the previous conservative government consulted on the possible reintroduction of Employment Tribunal fees and Employment Appeal Tribunal fees. They proposed a £55 fee per claim.
This proposal was further considered more recently by the new Labour government, sparking concern from unions seeking to preserve access to justice for those wishing to challenge unfair behaviour in the workplace under employment law legislation.
The Lord Chancellor’s Response
David Lammy, the Lord Chancellor, confirmed on 8th October 2025, that the government will not be reintroducing Employment Tribunal fees or Employment Appeal Tribunal fees.
The Secretary General of the Trades Union Congress has indicated that, as an alternative solution, unions will work more closely with the government to help improve access to justice in this area.
What do employers need to consider?
Employers should be mindful of following fair dismissal processes within their practices to reduce the risk of potential claims being brought against them in the Employment Tribunal. Advice from an employment law solicitor may be prudent to ensure your business is fully protected.
This is particularly important considering the impending removal of the ‘two-year rule’, which will mean employees will benefit from certain enhanced employment rights from day one. You can read more about this rule and other aspects of the Employment Rights Bill in our recent article.
How can GA Solicitors’ Employment Law Solicitors help?
If you are an employer and need advice on any aspect of employment law (including employment tribunal fees), then GA’s employment solicitors in Plymouth are here to help.
The specialist employment law team and its employment solicitors in Plymouth are ranked in The Legal 500 and can offer advice across a range of employment law issues, including:
- Employment Disputes
- Employment Tribunal Claims
- Employment Contracts
- Staff Handbooks and Policies and Procedures
- Disciplinary, Grievance and Capability Procedures
- Redundancies and Reorganisations
- Employment Status
- Sickness Absence
- Working Time Regulations
- Minimum wage requirements
- Discrimination/Equality and Diversity
- Settlement Agreements
- TUPE, outsourcing and business transfers
- HR matters
- Post termination restrictions
We can also provide advice on how to adapt business processes and practices in readiness for the upcoming employment changes as part of the Employment Rights Bill 2025. If you would like a no obligation discussion, please call 01752 203500 or email enquiries@GAsolicitors.com.
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