LRD guides and handbook July 2018

Health and safety law 2018

Chapter 4

Employment tribunal fees abolished


[ch 4: page 74]

The government introduced substantial fees for claimants to bring employment tribunal cases in July 2013. For example, a claim by a safety rep for failure to pay for or allow time off for training cost a £160 fee for issuing the claim and a further £230 hearing fee. An unfair dismissal claim attracted an even higher fee — £250 to issue the claim, followed by a further £950 for a hearing. There were more fees, for example if the claim was appealed.



The fees caused a dramatic reduction in the number of employment tribunal claims. A government review published in January 2017 showed a 70% drop in the number of cases taken to employment tribunals over the previous three and a half years. 


Public services union UNISON challenged the lawfulness of the fees arguing that the fee regime breached EU laws prohibiting discrimination, by making it exceptionally difficult for claimants to exercise their equality rights, and by discriminating, in particular, against women, disabled and ethnic minority workers. The union finally won its case in the Supreme Court and in July 2017 the government was forced to abolish the fees and to refund thousands of people who had paid them.