The Debate Over Tribunal Fees - A Crucial Public Consultation

Darryl Horn, Tuesday, 30 January 2024 • 3 min read

The Debate Over Tribunal Fees - A Crucial Public Consultation

The government has initiated a public consultation on the potential reintroduction of tribunal fees. This consultation marks a pivotal moment in the ongoing discourse surrounding access to justice and the balance of power between employees and employers.

Background

The issue of tribunal fees has been contentious since their introduction in 2013 under the Employment Tribunal and Employment Appeal Tribunal Fees Order. These fees required individuals to pay upfront costs to bring forward employment tribunal claims, ranging from hundreds to thousands of pounds. Critics argued that such fees placed a significant barrier to justice, disproportionately affecting vulnerable individuals and hindering access to their employment rights.

The Public Consultation

The current public consultation seeks to gather insights and opinions from a wide range of stakeholders, including employees, employers, legal professionals, and advocacy groups. Key points of consideration include the potential impact of tribunal fees on access to justice, the effectiveness of alternative dispute resolution mechanisms, and the balance between protecting workers' rights and preventing frivolous claims.

Arguments For and Against

Proponents of reintroducing tribunal fees argue that they serve as a deterrent against unfounded claims and help alleviate the burden on the tribunal system. They contend that fees can promote settlement and encourage parties to resolve disputes through alternative means, such as mediation.

On the other hand, opponents assert that tribunal fees undermine fundamental rights to justice and disproportionately affect low-income workers and marginalized groups. They argue that access to justice should not be contingent on financial means and that the removal of fees in 2017 has led to a more equitable and accessible tribunal system.

Implications and Considerations

The outcome of the public consultation will have far-reaching implications for the future of employment law and dispute resolution in the UK. It will shape the government's approach to balancing the interests of workers and employers and determine the accessibility of justice for individuals facing workplace disputes.

The public consultation on the reintroduction of tribunal fees represents a critical juncture in the evolution of employment law and access to justice in the UK. As stakeholders across the spectrum weigh in on this contentious issue, the government faces the challenge of striking a balance between affordability and fairness in the tribunal system. The results of this consultation will not only shape policy decisions but also reflect the nation's commitment to upholding fundamental principles of justice and equality in the workplace.

This article was first published on 30/1/24.

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About the author

Darryl

Darryl is a Chartered CIPD Member, business leader and operational manager with 30 years experience in on-the-ground and strategic HR, specialising in Human Resources Management, Employment Law, Employee Relations and Learning & Development.

darryl@hrdocbox.co.uk

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