The Employment Lawyers Association criticises proposed re-introduction of tribunal fees

The Employment Lawyers Association (ELA) has taken a strong stance against the Ministry of Justice's proposed re-introduction of fees in the Employment Tribunal and Employment Appeal Tribunal. In their formal response to the government's consultation, ELA's Legislative & Policy Committee's Working Party highlighted several concerns.

The primary critique revolves around the adverse effects these proposed fees would have. ELA argues that rather than reducing costs to taxpayers, as claimed by the government, the fees would burden tribunal staff and deter individuals experiencing in-work poverty from seeking justice. The Association further asserts that such proposals could even be unlawful.

The government's rationale for the fees, to reduce taxpayer costs and provide resources for ACAS, is challenged by ELA. They argue that the scheme would cost more to administer than it would generate, rendering it irrational and ineffective. Moreover, ELA points out the disproportionate impact on vulnerable claimants, as the fees are irrecoverable and levied without consideration for ability to pay.

ELA's concerns extend to the absence of exemptions for low-value or non-monetary claims and the failure to meet policy goals outlined in the government's Impact Assessment. They emphasise that the proposed fee structure lacks incentives for settlement and may hinder the development of employment law.

The Working Party, co-chaired by Caspar Glyn KC and Kiran Daurka, concluded that the proposed fees could deter claims, obstruct access to justice, and impede the evolution of employment law, particularly post-Brexit. This response underscores ELA's commitment to ensuring fair access to legal recourse.