Employment Tribunal Fees Review Begins

The government has announced the start of its promised review of the impact of the introduction of employment tribunal fees. The review will make recommendations for any changes to the structure and level of fees and for streamlining procedures to reduce costs.

The review will consider how effective fees have been in achieving the objectives of:

• Transferring some of the cost from the taxpayer to those who use the employment tribunal service;
• Encouraging the use of alternative dispute resolution, such as ACAS;
• Improving tribunal efficiency and effectiveness; and
• Maintaining access to justice.

The review will also consider the effectiveness of the fee remission scheme. 

The review will take account of a wide range of evidence including:

• Tribunal data on volumes, progress and outcomes of cases;
• The take up of alternative dispute resolution services and the impact of early conciliation;
• Financial information, such as income received from fees and the cost of running the system of fee recovery, and data on fee remissions;
• Research on the views of courts and tribunal users;
• The general downward trend in employment tribunal cases before fees were introduced and since their introduction;
• Any effect an improved economy may be having on the number of people being dismissed;
• Whether there has been a reduction in weak or unmeritorious claims;
• Whether there has been any impact because of changes in employment law; and 
• Other reasons for changes in user behaviour. 

The review is expected to be completed later in the year.

In the meantime the Court of Appeal has today begun to hear Unison's appeal challenging the introduction of employment tribunal fees.