Possibility of tribunal fees rears ugly head
Unions will have to be on their mettle. The Ministry of Justice (MoJ) has confirmed it may reintroduce fees for employment tribunal claims, insisting it can find a balance that helps fund the court system while being “proportionate and progressive”.
Richard Heaton, permanent secretary at the MoJ, said that although nothing is set in stone he is confident a fee system can be found that will ensure access to justice.
Tribunal fees were introduced in July 2013 by then Lord Chancellor Chris Grayling.
The government was roundly criticised for its tribunal fee structure. A landmark 2017 Supreme Court judgment declared the fee scheme unlawful after a four-year fight by public service union UNISON.
Answering questions from the House of Commons Justice Committee, Heaton noted that the judgment did not completely outlaw the concept of fees.
“We have taken time over this,” he 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.”
He added that there are no immediate plans to reintroduce a fee scheme.