About the Equality and Human Rights Commission The Equality and Rights Commission is a statutory body established under the Equality Act 2006. It operates independently to encourage equality and diversity, eliminate unlawful discrimination, and protect and promote human rights. It contributes to making and keeping Britain a fair society in which everyone, regardless of background, has an equal opportunity to fulfil their potential. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It encourages compliance with the Human Rights Act 1998 and is accredited by the UN as an status’ National ‘A Human Rights Institution. Find out more about the Commission’s work at: Summary The Commission welcomes the opportunity to respond to this consultation on changes to arrangements for fees in the Employment Tribunal system (ET fees) and to comment on the outcome of the review. We recognise the potential benefits of the proposed changes on claimants’ ability to access their employment rights (through Employment Tribunals). However, we remain concerned that the introduction of substantial fees has had a significant adverse impact on access to justice, with disproportionate impacts on people sharing certain protected characteristics. The Commission considers that the introduction of ET fees of up to £1,200 (e.g. for a discrimination case to be heard) is compromising claimants’ rights under common law, Article 6 ECHR, and EU law. It is impairing the essence of the right to access the courts, and the Government has failed to show that the introduction of fees is a proportionate means of achieving a legitimate aim.
About the Equality and Human Rights Commission The Equality and Rights Commission is a statutory body established under the Equality Act 2006. It operates independently to encourage equality and diversity, eliminate unlawful discrimination, and protect and promote human rights. It contributes to making and keeping Britain a fair society in which everyone, regardless of background, has an equal opportunity to fulfil their potential. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It encourages compliance with the Human Rights Act 1998 and is accredited by the UN as an ‘A status’ National Human Rights Institution. Find out more about the Commission’s work at: Summary The Commission welcomes the opportunity to respond to this consultation on changes to arrangements for fees in the Employment Tribunal system (ET fees) and to comment on the outcome of the review. We recognise the potential benefits of the proposed changes on claimants’ ability to access their employment rights (through Employment Tribunals). However, we remain concerned that the introduction of substantial fees has had a significant adverse impact on access to justice, with disproportionate impacts on people sharing certain protected characteristics. The Commission considers that the introduction of ET fees of up to £1,200 (e.g. for a discrimination case to be heard) is compromising claimants’ rights under common law, Article 6 ECHR, and EU law. It is impairing the essence of the right to access the courts, and the Government has failed to show that the introduction of fees is a proportionate means of achieving a legitimate aim.
consultation-response-review-introduction-of-fees-in-employment-tribunals.docx