Don't let tribunal fees undermine the government's Plan to Make Work Pay

The government’s Plan to Make Work Pay promises stronger protections for workers, but apparent proposals to reintroduce employment tribunal fees risk undermining that progress.

The TUC is clear: tribunal fees are a barrier to justice, especially for the most vulnerable workers.

Tribunal fees imposed by the Tory-led government in 2013 were scrapped four years later after a landmark Supreme Court ruling, following a successful challenge by UNISON.

The court found that fees deterred legitimate claims and disproportionately affected women and low-paid workers.

Even a small fee can have a chilling effect.

Claims often involve small sums or no financial compensation at all, but they are vital for upholding dignity and fairness at work.

The ability of workers to enforce their rights will be crucial to the government’s Employment Rights Bill, which is currently in front of parliament, bringing the promised security to the world of work.

If fees are introduced, workers seeking redress for cancelled shifts or failure to adhere to improved parental rights — measures introduced under the Employment Rights Bill—may be put off by the cost.

Things are already tough for workers seeking justice. A recent investigation by the Bureau for Investigative Journalism found that even where an employment tribunal rules in favour, many workers never see a penny. If fees are reintroduced, we risk a situation where workers will lose out even more.

The impact would be felt most by those already facing disadvantage.

Single parents, pregnant women, insecure workers, and migrant workers are all more likely to be deterred by fees. Many are already navigating low pay, short-term contracts, and language barriers.

The previous government’s proposal for a £55 fee was still well over the weekly food bill for the average person in the UK. At a time when record numbers of people are going to foodbanks for support, and grocery prices have been sharply rising, a £55 fee will force many of the UK’s most precarious workers to choose between basic amenities and justice.

As the Law Society put it: “If rights cannot be enforced, they do not exist.”

Fees don’t just block access, they don’t make financial sense either.

When the previous government proposed bringing in a £55 fee, its own impact assessment found the system would cost more than it raised. That’s money drained from an already overstretched tribunal system, not reinvested into improving it.

Arrangements such as the Help with Fees (HwF) scheme exclude workers with even modest savings.

In its previous judgment, the Supreme Court warned that fees are unaffordable if they force people to sacrifice basic living standards.

Fees also fail to deliver on their supposed aims. They don’t encourage early settlement—employers often wait to see if a claimant will pay before engaging.

Nor do they weed out weak claims. In fact, claims were more likely to fail after fees were introduced, suggesting that genuine cases were being blocked.

This is why there is a broad consensus that tribunal fees are a bad idea.

When the last government consulted on reintroducing them, nearly 50 organisations—including Citizens Advice, Liberty, Maternity Action, and the Joseph Rowntree Foundation—signed a joint statement opposing the move. The Employment Lawyers Association warned that the proposals would “obstruct access to justice for the most vulnerable.”

The Employment Rights Bill introduces important new protections. But without enforcement, they risk gathering dust rather than improving workers’ situations.

Workers must be able to challenge unfair treatment without facing financial hurdles.

Tribunal fees are not just unfair—they’re ineffective, uneconomical, and unjust.

In order to make work pay, the government must ensure that all workers can access justice, regardless of income. That means keeping tribunals accessible for everyone.