In July 2017 the Supreme Court unanimously held that the Employment Tribunal fees regime introduced by the Government in 2013 was unlawful under both domestic and EU law, because it had the effect of preventing access to justice.

The Court also suggested that the fees regime, which charged higher fees for unlawful discrimination claims, was indirectly discriminatory on the grounds of sex.

As a result of the Supreme Court’s decision, Employment Tribunal fees were quashed immediately and are no longer payable.

This is great news for potential claimants, who under the fees regime would have had to pay Tribunal fees totalling in excess of £1000 to pursue a claim to a hearing. At the same time, the decision is unlikely to be welcomed by employers who will now expect to see an increase in the number of Tribunal claims that are brought.

Indeed recently released statistics would appear to back up employer’s concerns. In the years since the fees regime was introduced in 2013 the number of claims brought had dropped by up to 70%. However according to the Government data published in December 2017, there was a 64% increase in the number of claims in the two month period after the fees regime was abolished.

Whilst the Government my look to introduce a revised fees regime, this is unlikely to happen int he near future and both potential claimants and employers can expect the present ‘no fees’ regime to continue for some time yet.

RobinsonMurphy is able to advise and represent potential claimants and employers in respect of Employment Tribunal claims and we are happy to offer a free initial meeting to discuss the matter. Contact us today to see how we can help in this aspect of Employment Law.