Justice secretary and deputy prime minister David Lammy has killed speculation that the government is considering reintroducing employment tribunal fees as part of efforts to find savings for the Ministry of Justice and recover some of the costs of running the service.
Trade unions reacted angrily at the possibility, as TUC general secretary Paul Nowak said: “Reintroducing tribunal fees would be a gift for bad bosses and price many low-paid workers out of justice, especially women”.
The Ministry of Justice declined to rule out implementing the proposal, which the Conservatives rekindled early last year. It said: “Decision-making about the department’s spending and fees for the next few years following this summer’s spending review is ongoing”.
But Lammy said: “It’s a fundamental principle that everyone, no matter their income, should be able to get access to justice to challenge unfair behaviour at work. It’s not just a basic right, it’s also fundamental to this government’s plan to make work pay. That’s why it will remain free to bring a case to an employment tribunal, ensuring everyone, no matter their means, can stand up for their rights at work.”
The coalition government first introduced employment tribunal fees in 2013, after then chancellor George Osborne announced the plan, together with an increase to the unfair dismissal qualifying period from one to two years, in 2011.
Straightforward disputes attracted issue and hearing fees totalling £390, while more complicated matters attracted a £1,200 charge. The employment appeal tribunal fee was £1,600. The impact of the fees regime was almost instantaneous, with case volumes falling 53% in the 12 months after their introduction.
In July 2017, tribunal fees were withdrawn after Unison successfully argued before the Supreme Court that they prevented thousands of employees, particularly those on low incomes, from securing justice.
In January last year, during the final months of the Conservative government, justice minister Mike Freer said new charges would “ensure users are paying towards the running costs of the tribunals”, putting them on broadly the same footing as users of other courts and tribunals who already pay fees. A consultation proposed much lower fees than under Grayling, a flat £55 issue fee payable when bringing a claim to the tribunal.
Lammy added: “The Tory-Lib Dem coalition government tried to price workers out of justice with tribunal fees. Let me be clear, we will not.”
Nowak said: “The Conservatives left the tribunal system and our courts in a mess with huge backlogs. Trade unions are ready to work with the deputy prime minister and other ministers to deliver a system that is fair, accessible and fit for the future. This includes unions helping workers resolve problems in the workplace, not the courts.”
