Developments in the union campaign against tribunal fees


In September 2015, the Scottish government promised to abolish tribunal fees as part of the transfer of employment tribunal powers under the Scotland Act 2016 once it is clear how the transfer of powers and responsibilities will work and following a consultation. There are no tribunal fees in Northern Ireland.


This year, public services union UNISON will take its tribunal fees judicial review challenge to the Supreme Court, following comments by the Court of Appeal describing the case as “troubling” and expressing a “strong suspicion that so large a decline in claims [a 79% collapse in individual claims] is unlikely to be accounted for entirely by cases of ‘won’t pay’ and it must also reflect at least some cases of ‘can’t pay’”. 


The main significance of UNISON’s challenge is the political momentum it has helped to generate in support of the abolition of fees. Early in the litigation, judges instructed government ministers to make changes to the fee system without the need for further litigation if campaigners’ concerns are shown to be justified. 


In July 2015, the House of Commons Justice Select Committee announced an inquiry into the effects of tribunal fees. In addition, the Ministry of Justice is conducting its own narrower post-implementation review of the impact of fees, measured against its three principal objectives: transferring costs from taxpayers to “service users” , encouraging use of alternative dispute resolution such as Acas early conciliation, and improving tribunal “efficiency and effectiveness”, while “maintaining access to justice”.