November 28, 2018
Tribunal fees were introduced in July 2013 and started from £160, but in certain cases Claimants had to pay up to £1,200 to the Tribunal before they could take their claim to a final hearing.
In July 2017, the Supreme Court held that the Tribunal fee system was unlawful. This Court action was brought by Unison, who argued that the fees prevented employees, especially those on lower incomes, from accessing justice after being treated unfairly at work. The Supreme Court backed up Unison’s claim, ruling that the fees did deny access to justice and were also indirectly discriminatory.
The MOJ is now looking at introducing a new fee system which would be a more “proportionate and progressive” way of providing funding for the Tribunals. It has yet to set out any details of what such a system would involve.
Since the Supreme Court’s decision:
case numbers have risen: the figures released in June 2018 showed the number of claims increased by 165% compared to the same quarter in 2017;
it’s taking longer for cases to be heard: the increased volume of claims means there is now a large backlog of cases but not enough Employment Tribunal Judges to hear them; and
litigants are starting to receive refunds: since April 2018 the MOJ has made refunds of up to £15.8 million to the Claimants who paid these fees (or to the employers who reimbursed them under settlement agreements or court orders).
Whilst the MOJ is looking into reintroducing Tribunal fees, it’s unlikely that there will be imminent changes. For the time being, employers should therefore be aware that claims are still at a 5-year high and are unlikely to start decreasing in the near future.
I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”
Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”
We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”
An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”
PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”
We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”
Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”
My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”
