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Government proposes reintroduction of employment tribunal fees

The latest developments in Employment Law is that the Government have announced a new consultation process in which it is seeking views on its proposal to re-introduce Employment Tribunal fees (including the Employment Appeal Tribunal EAT).

Fees were previously in place until a ruling by the Supreme Court in 2017 found that they were unlawful because they prevented access to justice.

Proposed Fee Structure

The Government have announced a proposal that (if went ahead) would see:

  • Introducing a fee of £55, payable by an individual when bringing a new ET claim
  • Regardless of whether the claim is by multiple complainants or an individual, it will remain a flat fee of £55. It could therefore be split by several individuals and would cover the entire ET process
  • A fee of £55 to be introduced, paid by an appellant when lodging an EAT claim
  • The fee for an EAT claim would be for each judgement, and so it could be greater where an appeal is against two ET decisions

Exceptions and Further Commentary

We understand that there will be exceptions to the rules for when a fee will be required.  We are currently reviewing the consultation paper and will provide further commentary in the coming days and weeks.  If you wish to read the proposal and the consultation paper, you can do so here.  Full details are provided in this paper on how to contribute to the consultation process.

Employment Law Seminar

To support your business and your line managers in preparing for the year ahead with employment law, including details about these proposals, please join us in our free Virtual Employment Law Seminar, taking place on 28 March 2024, 10am -12.00 noon.  We’ll be discussing this latest development along with the many changes coming in 2024 which include:

  • Details on changes to holiday pay and entitlement
  • Amended rules on Flexible Working
  • Changes to how Parental Leave is managed
  • The introduction of a new right to time off for Carer’s Leave
  • Further protection against redundancy to those who are pregnant or on family leave
  • Changes to TUPE consultation obligations
  • The introduction of new rules on the handling of tips and gratuities
  • The introduction of new entitlements for requesting more predictable terms and conditions of employment
  • Annual statutory rate increases.

Please register here for the event and free to share this link with other managers in your business.

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