ELAN responds to employment tribunal fees consultation

The proposals include a £55 charge fee per claim. For most people, the employment tribunal presents the only option for seeking justice in employment rights.

The Employment Legal Advice Network (ELAN) brings together over 60 not-for-profit organisations working with London's workers. Its response to the consultation, which closed on 25 March 2024, is below.

ELAN's response

• £55 fee is unaffordable for many low-income workers, who already struggle to meet basic needs.
• The Lord Chancellor has a duty to protect access to justice - but many already face barriers when accessing justice in employment rights, such as a lack of free or affordable advice.
• Many successful claimants report that their employment tribunal awards were not paid by their employer. Faced with pursuing the money through further legal proceedings, many decide to give up and the employer gets away with not paying.
• Introducing fees without addressing existing barriers risks placing low-paid workers in even more financial peril and will further harm access to justice.
• Any Help with Fees scheme or Lord Chancellor’s Exceptions Power will not resolve this barrier as there is such limited supply of free expert support. The application process for either scheme will simply be one process too many to complete within the strict time limits for issuing claims.
• The Consultation also fails to properly consider the full costs of running a payment regime.