Employment tribunal fees may be reintroduced if the Ministry of Justice (MoJ) can find a balance that helps to fund the court system, while also being ‘proportionate and progressive’.
Speaking at a House of Commons Justice Committee meeting, Richard Heaton, permanent secretary at the MoJ, explained that although nothing was set in stone and there were no immediate plans to reintroduce a fee scheme, he believed one could be introduced that would ensure access to justice.
The introduction of employment tribunal fees had been heavily criticised for limiting access to justice. In 2017, following a lengthy court battle, the Supreme Court ruled that the current (as it then was) employment tribunal fee regime was unlawful and must be quashed. However, the Court’s judgment did not completely outlaw the concept of a tribunal fee system.
“We have taken time over this,” Heaton said. “We have to get the fee level right. I can see a scheme working that is both progressive and allows people out of paying fees where they can’t afford to.”
Since the closure of the fee regime, the MoJ has been refunding all those who had paid the employment tribunal fee.
