Employment Tribunal Fees - Supreme Court Ruling Explained

Thu, July 27th, 2017

Brabners' Partner Ncik Campbell comments on the Supreme Court ruling

Nick Campbell Partner and Head of the Employment Team at Brabners (Liverpool) said:

“The Supreme Court decision from yesterday morning is likely to have a significant impact for both employers and employees. The number of claims fell off a cliff after tribunal fees were introduced in 2013, declining by approximately 70%. Employers should steel themselves for a noticeable increase now that these fees are no more.

“It’s important to note that tribunal fees have been branded ‘illegal’, rather than just abolished. This begs the question of whether previous claimants are eligible to be reimbursed for fees they have already paid. Equally, businesses who were made to pay fees as part of a judgement or settlement may also want to investigate whether they can reclaim these costs.

“The cost to the government of potentially having to compensate claimants is estimated at £30m but there is wider question here. Is the tribunal service actually equipped to deal with the inevitable increase in claims? They will need a significant increase in resource if claim volumes return to pre-2013 levels.

“The key take away for businesses is that the volume of claims will likely shoot up. The emphasis for them now should be on how they can resolve issues with employees through mediation and dispute resolution proceedings before they reach the claim stage.”

To find out more on the topic, read Nick's full blog here

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