Clare’s comments were published in HRM Guide, 20 October 2025, and can be seenhere
Clare Brennan, Partner in our Corporate and Commercial department, discusses the recent debate on employment tribunal fees and its implications for access to justice and HR professionals
The Labour government briefly considered introducing a modest fee for workers bringing claims to Employment Tribunals, but the proposal was quickly abandoned following strong opposition from trade unions. While access remains free, Clare highlights the ongoing tension between safeguarding justice and managing taxpayer costs a challenge that is far from resolved.
Clare explains the historical context: in 2013, a fee regime imposed charges of £390 for simple claims and £1,200 for complex cases, resulting in a 70% drop in claims within a year. The Supreme Court quashed the system in 2017, ruling that it was unaffordable, discriminatory, and violated fundamental rights. This landmark judgment continues to shape policy, reinforcing that any future fee structure must be proportionate, non-discriminatory, and preserve access to justice.
The recent proposal suggested a flat £55 issue fee, supported by the Help with Fees scheme for those in hardship. Advocates argued this could generate £1.7 million annually, ease taxpayer burden, and discourage frivolous claims without deterring legitimate ones. However, critics warned even modest fees risk pricing vulnerable workers out of justice. Labour’s decision to rule out fees reaffirms its commitment to workers’ rights but leaves unresolved funding challenges and growing delays some hearings now scheduled as far out as 2027.
For HR professionals, Clare stresses the importance of proactive risk management. Rising caseloads and chronic delays make robust internal grievance procedures and early Acas involvement essential. With the forthcoming employment rights bill likely to increase claims further, employers should focus on compliance and dispute resolution to avoid costly and time-consuming litigation.
Read the full article on theHMR Guide website[external link].