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Two year anniversary of introduction of employment tribunal fees shows scheme has undermined access to justice

The Law Society | Law Society

1 min read Partner content

Employment tribunal cases have fallen by over 60 per cent in the two years since substantial charges were introduced for people wishing to bring a case against an employer, Ministry of Justice statistics reveal.

Employment tribunal fees were intended to transfer costs of running the employment tribunal system to users and to encourage employers and employees to resolve disputes without going to tribunal.

However, people who have just lost their job and are facing financial uncertainty are unable to pay levies of up to £1200.

The inevitable effect of introducing fees has been to deny people the right to have their dispute heard in a tribunal. Access to justice in employment matters is now confined to those with the means to afford these fees.

Law Society president Jonathan Smithers said:

“The £1,200 that a claimant must now pay for most types of cases is close to the average monthly salary, putting a tribunal well beyond the reach of many people, particularly those on lower incomes.

“The Law Society welcomes and will be contributing to the justice committee’s recently announced inquiry into the impact of court and tribunal fees. Everyone needs employment tribunals that are fair and affordable. They must work for both employers and employees.”

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