Since the UK Government introduced fees for applying to Employment Tribunals, the number of applications has diminished by a staggering 80% or thereabouts.    Generally, the feeling has been that the imposition of not insignificant monetary fees was unfair and more than likely to create a barrier to accessing justice for employees.  To try to limit the effect of such fees, the Government also introduced an early conciliation procedure that had to be implemented before any application to Tribunal could be lodged in any event.   Not surprisingly, the Government’s decision to impose fees was appealed.   Again, somewhat surprisingly, the Court of Appeal rejected the challenge by the Trade Union Unison on the basis that there was insufficient evidence to support the contention that fees have made the process unaffordable and therefore indeed, a barrier to justice.   That decision in itself is to go to the Supreme Court for further consideration.

Recently, however, the Scottish Government as part of its legislative programme for 2015/16 announced that in accordance with its powers under the Scotland Bill 2015, they intend to remove fees from Employment Tribunals.  The precise details of how they are going to achieve this, and indeed when, are currently unclear but it seems likely they will be introduced when clarity on how the transfers of powers and responsibilities under the Scotland Bill becomes known.

This undoubtedly would lead to an increase in Tribunal applications but whether getting back to the pre-2013 levels is far from clear.   Watch this space!

If you wish further information on Industrial Tribunal procedure and practice, please contact Tony Dawson by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone on 01224 581581.