Tribunal fees: not coming back any time soon

On 9th October 2025, Lord Chancellor David Lammy confirmed the Government will not revive employment tribunal (ET) fees.  A decision that speaks volumes about access to justice and budgets alike.

In 2017 the Supreme Court killed off ET fees for breaching the right of access to justice. Since then, several governments have flirted with the idea of bringing them back.  Most recently, a ‘modest’ £55 charge was floated earlier this year. But the Labour Government has now parked the idea. Lammy says fairness, not finance, must guide the system.

So what does that mean for employers?

More claims, fewer barriers, and stretched HR time. With the Employment Rights Bill expanding individual rights, ETs are likely to see heavier traffic. Budgeting for settlements, sharpening ER practice, and revisiting early-resolution options might be wise.

What should you do now?

  • Audit ER processes – prevention still beats litigation.
  • Track tribunal trends and prepare for higher claim volumes.
  • Refresh manager training on resolution and documentation.

What do you think? Will an open door to justice mean more people walk through it or just longer queues at reception?

Sources:

Law Gazette

Guardian