Justice Secretary David Lammy has ruled out reintroducing employment tribunal fees. This decision came after trade unions condemned the idea as unfair and damaging to workers’ rights. The decision follows reports that ministers were considering charging employees to bring cases against employers.
Lammy, who also serves as deputy prime minister, said that protecting access to justice was a “fundamental principle” of Labour’s plan. His plan aims to make work fairer and better paid. He stressed that no one should be priced out of standing up for their rights at work.
The confirmation comes a week after discussions within government raised the possibility of reinstating fees. This was considered as part of the upcoming spending review. The Ministry of Justice had declined to rule it out at the time. This prompted strong opposition from trade unions and workers’ rights groups.
In his statement, Lammy said that free access to employment tribunals was essential to Labour’s wider employment reform agenda. “It’s not just a basic right—it’s at the heart of our commitment to make work pay,” he said. “It will remain free to bring a case to an employment tribunal.”
Furthermore,Employment tribunal fees were first introduced in 2013 under the Conservative–Liberal Democrat coalition government. However, the Supreme Court struck down the policy in 2017. This happened after the Unison trade union successfully argued that it restricted access to justice.
Moreover, Lammy criticised the former government’s approach, saying it “tried to price workers out of justice.” He added that Labour would never repeat that mistake.
Therefore, Paul Nowak, general secretary of the Trades Union Congress, welcomed the announcement. He also called on the government to work closely with unions to modernize the tribunal system and reduce delays.
The UK’s employment tribunal backlog remains severe, with more than 45,000 single cases still pending as of March. The Ministry of Justice has begun hiring 36 new judges this year. Additionally, they plan to recruit 50 more next year to ease the congestion.
Labour’s upcoming employment rights bill is expected to strengthen job protections. It also aims to expand worker entitlements. While unions have praised the reforms, some business groups warn they could increase hiring costs. This may lead to more tribunal cases.
Lammy’s decision to keep employment tribunal fees off the table signals a clear commitment. This commitment is to workers’ rights and fair access to justice under the new Labour government.
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