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Government launches consultation on Employment Tribunal fees
The Government has launched a consultation on reintroducing Employment Tribunal fees. The Supreme Court had previously decided that the former fees regime was unlawful because of the extent to which those fees had restricted access to justice.
However, on this occasion the Government is proposing a far more modest £55 issue fee, payable by the claimant on bringing a claim to the Employment Tribunal or upon lodging an appeal in the Employment Appeal Tribunal (EAT).
The proposal notes that there is also a fee remission scheme in place, Help with Fees (HwF), which users may apply to if they are unable to afford a fee. It is intended that the HwF scheme will be extended so that it is available for individuals who bring proceedings in the ET or EAT.
For individuals who do not qualify for HwF but whose circumstances are such that they cannot realistically afford to pay the fee in question, a remission may also be available under the Lord Chancellor’s Exceptional Power to remit fees. This power applies where the payment of fees would cause undue financial or other hardship and could be available in respect of ET and EAT fees.
The consultation opened on 29th January 2024 and closes on 25th March 2024. A link to the consultation can be found here: https://consult.justice.gov.uk/digital-communications/introducing-fees-employment-tribunals-eat/
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If you are an employer, or employee who needs guidance on any of the above matters, we are here to help. Please do not hesitate to contact our Employment Law Team on 01522 814638, or make an enquiry here.