The justice secretary, David Lammy, has ruled out reintroducing charges for employment tribunals after a backlash from unions over the proposals.
The Guardian revealed last week that ministers were considering a plan to charge workers a fee to take their bosses to court as part of negotiations in this year’s spending review. Trade unions responded with fury, labelling the idea a “disaster”.
The Ministry of Justice declined to rule out implementing the proposal last week, saying only that “decision-making about the department’s spending and fees for the next few years following this summer’s spending review is ongoing”.
But in a statement on Wednesday, Lammy, who is also deputy prime minister, said: “It’s a fundamental principle that everyone, no matter their income, should be able to get access to justice to challenge unfair behaviour at work.
“It’s not just a basic right, it’s also fundamental to this government’s plan to make work pay. That’s why it will remain free to bring a case to an employment tribunal, ensuring everyone, no matter their means, can stand up for their rights at work.”
Making a claim against an employer had been free since the tribunal system was established in the 1960s, until David Cameron’s coalition government introduced charges in 2013. Fees were then scrapped in 2017, after the supreme court ruled they were unlawful, after a case brought by the Unison trade union.
Lammy added: “The Tory-Lib Dem coalition government tried to price workers out of justice with tribunal fees. Let me be clear, we will not.”
Paul Nowak, secretary general of the TUC, welcomed Lammy’s announcement, saying: “No one should ever be priced out of enforcing their rights at work.”
He added: “The Conservatives left the tribunal system and our courts in a mess with huge backlogs. Trade unions are ready to work with the deputy prime minister and other ministers to deliver a system that is fair, accessible and fit for the future. This includes unions helping workers resolve problems in the workplace, not the courts.”
Labour’s employment rights bill includes sweeping changes to workers’ rights, which the unions have welcomed, but some business lobby groups have argued will add to the costs of hiring workers. The changes are expected to lead to an increase in tribunal cases.
The Conservatives, under the leadership of the then prime minister Rishi Sunak, proposed a £55 fee for workers to make an employment tribunal claim, in plans made void by Keir Starmer’s general election victory.
With significant delays and a shortage of qualified judges, the UK’s employment tribunal backlog has ballooned, with a queue of 45,000 single open cases at the end of March.
In order to help tackle the backlog, the Ministry of Justice began recruitment for up to 36 employment tribunal judges in March, and it plans to hire another 50 next year.
