Employment Tribunal Fees Ruled Unlawful

Published: 26th July 2017



Today, the Supreme Court ruled that fees for those bringing employment tribunal claims are unlawful.

Tribunal fees were introduced by the Government in 2013 with the aim of reducing the number of weak or malicious claims being brought.  Fees ranged from £390 to £1,200 with discrimination claims costing more because of the complexity and time that hearings took.

July 2013 saw a massive spike in the number of claims being brought which was immediately before the introduction in fees.  Numbers quickly diminished and eventually settled at around 2,000 per month.  It’s likely that we will now see an upturn in the volume of claims, but it remains to be seen whether they will reach or exceed pre 2013 levels.

To bring a tribunal claim, employees must submit it with three months of their employment ending or the problem happening.  At the moment, it’s unclear how the Supreme Court’s ruling will affect tribunal appeal claims.
It’s important to remember that a tribunal will focus closely on the processes and procedures followed by an employer prior to the situation escalating to a formal claim.  That’s why it’s essential to have the right documentation in place and that management practices are carried out in accordance with a clear and fair protocol.

If you have any questions about your documentation and processes or would value a free HR health check then please email info@penninebusinesspartners.com or call 01484 841776 to a arrange a meeting.