On 31 January 2017, the Ministry of Justice published its long-awaited post-implementation review of the introduction of fees in the employment tribunals and EAT.
The review concludes that the fees regime is working well and is meeting the original financial, behavioural and access to justice objectives for the introduction of fees. While it accepts that the introduction of fees may have discouraged many individuals from bringing employment tribunal claims, it believes that there is “nothing to suggest that they have been prevented from doing so”.
However, the MoJ concedes that the substantial drop off in claims means that some action is necessary. It has decided that certain claims under the national insurance fund will be exempt for fees with immediate effect. It will also consult on proposals to widen access to the Help with fees remission scheme by increasing the gross monthly income threshold to around that of a full-time individual on the national minimum wage. Further allowances will be made for individuals living as couples and those with children. The consultation closes on 14 March 2017.