“It will remain free to bring a case to an employment tribunal.”
Context
Justice Secretary and Deputy Prime Minister David Lammy has confirmed that the government will not reintroduce employment tribunal fees, following months of speculation about possible reforms to the tribunal system. Speaking after an internal review reported concerns over access to justice, Lammy said: “It will remain free to bring a case to an employment tribunal.”
The issue of tribunal fees has been politically sensitive since the Supreme Court ruled in 2017 that the previous fee system was unlawful because it restricted access to justice, particularly for lower-paid workers.
Meaning
Lammy’s assurance signals a continued commitment to maintaining open access to legal recourse for employees. The decision removes the risk that cost barriers might deter workers from pursuing legitimate claims relating to unfair dismissal, discrimination or unpaid wages.
It also provides clarity for HR departments, which had been awaiting confirmation amid policy discussions about reducing case backlogs and improving tribunal efficiency.
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Implications
The policy will reassure trade unions and employment law advocates who argued that fees would unfairly disadvantage vulnerable workers. But it places continued pressure on the government to address delays in the tribunal system through funding and staffing rather than deterrent measures.
For employers, the announcement means the likelihood of rising case volumes remains, particularly as awareness of strengthened rights under the Employment Rights Bill grows. HR professionals may need to prepare for a more litigious climate by strengthening internal grievance procedures and ensuring managers are trained in fair and lawful decision-making.
