‘Employment tribunal fees – reform, don’t reintroduce’

There is growing speculation that the Government may be about to re-introduce employment tribunal fees. If true, it would be a serious mistake – one that repeats the failed policies of the last Conservative government and risks shutting workers out of justice. 

The idea is not new. In 2013, then-Justice Secretary Chris Grayling (nicknamed “Failing Grayling” for good reason) introduced a fee regime: £390 for standard claims, rising to £1,200 for more complex ones. It collapsed under the weight of its own contradictions. Economically, it cost more to administer than it raised. Legally, it was struck down in 2017 by the Supreme Court after a challenge brought by my union, UNISON. Morally, it was indefensible – pricing low-paid workers, many of them women, out of claims for unpaid wages and other basic rights. 

If this government goes down the same road, it risks being accused of offering “rights without remedies.” We all know that workplace rights are meaningless if they cannot be enforced. 

But the real issue here is that our tribunal system is broken – and fees are the wrong fix. Employment tribunals are under-resourced, over-complicated, and painfully slow. Workers and employers alike have lost faith in a system that is meant to resolve disputes quickly and fairly. 

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In my own constituency, if someone is unfairly dismissed today, they may not see a hearing until 2027. By then, they may have moved on to another job, but the injustice will still burn. Taking time off from a new employer to travel hours to a distant tribunal, for a modest award that barely covers the disruption to their family, is hardly justice. Last year the average award in a tribunal was £13,749 – nowhere near enough to justify years of waiting. 

We need reform, not reheated Tory policy. And reform is possible. Here are some of the steps that could make tribunals quicker, fairer, and more cost-effective: 

1. De-lawyer the lower tribunals. Employment tribunals were designed as industrial juries, not as mini-High Courts. Legal fees of £50,000 for a two-day hearing are madness. Remove rights of audience for lawyers and let union officials, HR managers, and accredited lay representatives present cases, supported by a “McKenzie Friend” scheme for those without union backing. Employers and unions alike should be supported to train capable workplace representatives to an accredited standard. 
2. Use AI intelligently. AI tools could help applicants draft claims, assist employers in responses, and draw up agreed statements of fact – cutting down delay and narrowing the issues before hearings even begin. 
3. Bring justice closer to people. Too many hearings are cancelled in crumbling buildings with buckets catching leaks. Meanwhile, town halls up and down the country sit empty. Why shouldn’t tribunals sit in Grimsby or Barnsley once a month, instead of forcing workers to travel for hours? 
4. Open up the role of chairing tribunals. For simple cases, you don’t need a barrister of ten years’ standing to decide a Wages Act claim. Broadening who can chair hearings would help tackle the backlog. 

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5. Strengthen the role of wing members. Too many cases are heard by judges sitting alone. Full panels – with worker and employer representatives – bring workplace experience and fairness to decisions. 

David Lammy, our Justice Secretary and himself a barrister, knows better than anyone that justice must be accessible. Labour has already delivered the Employment Rights Act – a landmark step forward. But rights only mean something if they can be enforced. 

So let’s not repeat the mistakes of the past. Let’s reform tribunals, not price people out of them.

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