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Abolition of tribunal fees

The Ministry of Justice has published the first tribunal quarterly statistics since the abolition of tribunal fees for the period July-September 2017.

Employment Tribunal (ET) fees were held to be unlawful by the Supreme Court on 26 July 2017, as previously reported. The latest statistics show:

  • An increase of 64% in claims lodged by a single applicant – the highest number for four years;
  • Decrease of 15% of claims lodged by multiple applicants;
  • Increase of 23% of claims disposed by the ET, when compared to the same quarter last year.

It is clear that the abolition of the ET fees has resulted in an increase in the number of claims lodged at the ET. This is likely to be furthered by the announcement in September that claimants who had been unable to bring a claim because of the fee regime could apply to the ET to have their case heard outside of the usual time limits.

There have been a number of interesting decisions in the Employment Appeal Tribunal (the ‘EAT’) and the High Court concerning employers and employees. Some are featured over the next couple of pages.