Labour Research February 2018

Law Matters

Abolition of fees sees increase in claims

There has been a significant increase in employment tribunal (ET) claims since the fees system was abolished, the latest statistics on ET claims from the Ministry of Justice reveal.


The fees system, introduced in July 2013, was abolished last year as a result of a Supreme Court challenge backed by the UNISON public services union. The latest statistics reveal a total increase in claims of over 100% compared to figures from the previous quarter. 


This included a 60% increase in single claims issued from July-September 2017 compared to the April-June 2017 quarter when tribunal fees were still in effect, and a notable increase in multiple claims. Claims for unlawful deduction from wages are undergoing a particularly notable resurgence. 


The statistics seem to confirm, as many suspected, that fees were putting many people off bringing claims. 


Meanwhile, the Law Commission — an independent body set up to keep all the law of England and Wales under review and to recommend reform — recently published its 13th Programme of law reform, including various proposals relating to the employment tribunal system. 


The commission submits law reform programmes to the Lord Chancellor and, in this latest programme, has highlighted 14 areas for reform including “employment law hearing structures”.


In particular, the commission intends to carry out a review of the shared areas between the employment tribunals and the civil court system, for example, breach of contract claims. 


https://www.gov.uk/government/collections/tribunals-statistics

https://www.lawcom.gov.uk/13th-programme-of-law-reform