Employment Tribunal Issue fees have been controversial since they were introduced. The main complaint was that the fees prohibited access to justice for many individuals who could not afford them.  Claims have dropped by 79% in 3 years.

The Supreme Court has ruled that employment tribunal fees are unlawful and the law will now have to be changed. However, the most surprising aspect of this ruling is that it is estimated that £32M will have to be repaid to those who have paid the fees.  They are the ones who found the money to lodge their claim and have been through the system.

They are the ones who could afford to pay the fees; they may have recovered their fees from the other side or been compensated far in excess of the fees when their claim was successful.

Surely, the ones that have suffered as a result of the fees are those who couldn’t make their claims? I’m not suggesting for one moment that they are compensated by the State but this ruling must rub salt in the wounds of the aggrieved.

Nickie Elenor, Managing Director, Your HR Lawyer