Abolition of employment tribunal fees

Tribunal fees were abolished in a landmark Supreme Court challenge by public services union UNISON (UNISON v The Lord Chancellor [2017] UKSC 51). The entire employment tribunal fee regime was abolished with immediate effect on 26 July 2017 and the government became immediately liable to refund all fees paid.

The tribunal fee regime, introduced in 2013, required claimants to pay substantial fees to bring a tribunal claim, for example, £1,200 for a discrimination claim, with extra fees for any appeals. As a result of UNISON’s challenge, there are currently no fees for bringing a claim in the employment tribunal. (In November 2018, the then government indicated a plan to reintroduce “proportionate” fees with a “rebate” for those who cannot afford to pay.)

To administer the refunds, the government set up the Employment Tribunal Fee Refund Scheme. See also Chapter 1, page 23.