David Lammy, the new Justice Secretary and Deputy Prime Minister, has delivered a significant statement. That the government will not charge people for bringing claims in the employment tribunal. With this decision, the court is helping all workers, whether they be rich or poor, to challenge workplace discrimination and other forms of unfair treatment.
In a statement, Lammy emphasized the importance of access to justice, stating, “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.” He went on to claim that ensuring tribunal claims remain cost-free would support the government’s wider goal of fostering a culture of fair work practices.
As of March 2023, the UK is still experiencing a historic case backlog in employment tribunals, with 45,000 single cases still pending. Explaining these problematic figures, Lammy laid the blame firmly at the door of the Conservative government’s prior policies. He drew attention to the many ways the Tory-Lib Dem Coalition government attempted to restrict access to justice. They achieved this by bringing in tribunal fees.
Spearheaded by UK Prime Minister Rishi Sunak, the Conservatives are promising a £55 charge on workers. This charge is for anyone who wishes to bring a claim in an employment tribunal. This proposal was rendered obsolete when Keir Starmer’s Labour Party triumphed at the general election. Lammy’s recent commitment came in response to backlash from unions concerned about the impact of such fees on workers’ rights.
This introduction of fees for employment tribunals started with David Cameron’s coalition government in 2013. These fees were done away with in 2017 after a Supreme Court decision deemed them illegal. Led by the Unison trade union, this successful challenge was a landmark decision. Most importantly, the case underscores the urgent need to provide workers with accessible legal avenues to advance racial equity.
Paul Nowak, Secretary General of the UK Trades Union Congress (TUC), welcomed Lammy’s announcement. “No one should ever be priced out of enforcing their rights at work,” he stated. Nowak is encouraged by the long-term commitment he sees in the government. Together, they hope to create a more equitable and accessible tribunal system to address the current backlogs.
Lammy’s message was clear: “The Tory-Lib Dem coalition government tried to price workers out of justice with tribunal fees. Let me be clear, we will not.” He emphasised that making access to employment tribunals free is a vital step in enabling workers and protecting their rights.