Eight years after they were ruled unlawful by the Supreme Court, the Government is reportedly considering reintroducing employment tribunal fees.

This is a move that trade unions warn would restrict access to justice for vulnerable workers and embolden exploitative employers.

According to The Guardian, sources close to Government discussions say ministers are revisiting plans to charge claimants, as part of broader cost-saving measures agreed in Chancellor Rachel Reeves’s June 2025 spending review.

This development comes amid claims that Labour may be retreating from its flagship employment rights bill, particularly following the departure of former deputy prime minister Angela Rayner, who had championed stronger workplace protections.

Background to Employment Tribunal fees

Fees for employment tribunals were originally introduced in 2013 under then-justice secretary Chris Grayling, with charges ranging from £390 for straightforward claims to £1,200 for more complex cases, and up to £1,600 for appeals.

However, in 2017 the Supreme Court ruled that the fees were unlawful from the start, after UNISON successfully argued they prevented thousands of low-paid workers from enforcing their rights.

In early 2024, a consultation led by then-justice minister Mike Freer proposed a lower flat-rate fee of £55, applying to both individual and group claims, with no hearing fees. That consultation, however, was shelved following the change in Government.

The current debate around Employment Tribunal fees

The debate over tribunal fees comes at a time when the employment tribunal system is already under serious strain.

With a shortage of qualified judges and long delays, the backlog has grown significantly, reaching around 45,000 outstanding single claims by the end of March 2025.

Business groups have raised concerns that Labour’s proposed expansion of worker protections could further overwhelm the system.

Government projections estimate a 15 per cent increase in case volumes if those reforms are implemented.

Trade unions have strongly criticised any suggestion of reintroducing fees. TUC General Secretary Paul Nowak called the proposal “a gift for bad bosses” that would effectively block many workers — particularly women and low earners — from seeking justice. “Tribunal fees were a disaster when the Tories introduced them,” he said. “They cost more to run than they raised, and they deterred genuine claims.”

UNISON General Secretary Christina McAnea warned that the employment rights bill would be undermined if workers lacked an affordable way to enforce it. She said: “These rights will mean nothing if people can’t access the system.”

A Ministry of Justice spokesperson acknowledged the justice system is under significant financial pressure, stating that decisions about future spending and fees are still being considered.

Given that the employment right bill has experienced rocky progress through Parliament, with the House of Lords seeking to make significant changes, it may be some time before there is certainty on the Government’s plans on employment rights.

Preventing an Employment Tribunal claim

The best way to reduce the risk of an Employment Tribunal claim is to ensure your policies are up to date and your managers know how to handle disciplinary and grievance issues properly.

If your policies haven’t been reviewed in some time, or if your managers are unsure how to respond to complaints or misconduct, now is the time to act.

Mackrell’s Employment Team offers expert support with policy reviews, document drafting, and practical training tailored to your business.

Get in touch today to ensure your team is confident, compliant, and protected.