Employment tribunal fees

Whether it costs anything to bring a claim — a question with a history of changing, and one worth checking for yourself rather than trusting an old article.

Does it cost anything to bring an employment tribunal claim right now?

As of October 2026, no. There is no fee to submit an ET1 claim form or to have an employment tribunal hear your case. This has been the position since July 2017. Fee policy has been actively debated since, so always check GOV.UK for the current position before relying on this if you are reading this page some time after it was last reviewed.

Why were tribunal fees abolished in the first place?

The Supreme Court ruled in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the fees introduced in 2013 — which had required claimants to pay up to £1,200 to bring certain claims — were an unlawful interference with the common law right of access to justice. The court found the fees had caused a dramatic fall in claims brought, including a disproportionate drop in lower-value claims, and the government revoked the fees order and refunded fees already paid.

Has the government tried to bring fees back since 2017?

Yes, more than once. In January 2024, the then government consulted on a proposed £55 issue fee for tribunal claims and a £55 fee per Employment Appeal Tribunal decision, far lower than the 2013 fees. That proposal lapsed with the change of government in mid-2024. Reports in late 2025 suggested the idea was being reconsidered, but the Justice Secretary has since stated that employment tribunals will remain free, ruling out a return of fees for now.

If I lose my claim, do I have to pay the employer's legal costs?

Usually not. Employment tribunals operate on a different costs regime from civil courts — each side generally bears its own costs regardless of who wins, unlike the small claims or county court system. A tribunal can order one party to pay the other's costs, but only in limited circumstances, such as where a claim or the way it was conducted was judged to be vexatious, abusive, disruptive, or otherwise unreasonable.

Are there any other costs involved in bringing a tribunal claim, even without a tribunal fee?

Yes. There is no tribunal fee, but a claimant may still choose to pay for things like a solicitor or barrister, an expert report, or hearing transcripts, and these remain the claimant's own responsibility regardless of the outcome. None of these are fees charged by the tribunal itself — they are optional costs a claimant may incur in preparing and presenting their own case.

Does the fee position apply the same way to appeals at the Employment Appeal Tribunal?

Yes, currently. The Employment Appeal Tribunal has also been fee-free since the 2017 abolition, and the 2024 consultation that proposed reintroducing fees covered a modest EAT fee alongside the tribunal fee. Since that proposal lapsed and has not been revived, there is, as of October 2026, no fee to lodge or pursue an appeal at the EAT either — again, check GOV.UK for the current position.

The 2013 fees, and why the Supreme Court struck them down

Fees were introduced for employment tribunal and EAT claims in July 2013, ranging up to £1,200 depending on the type and value of claim, payable at the point of issuing the claim and again before a hearing. The government's stated aim was to transfer some of the system's cost from taxpayers to users and to discourage weak claims. In practice, the number of claims brought fell sharply and immediately after the fees were introduced.

UNISON challenged the fees, and in July 2017 the Supreme Court ruled unanimously that the fees order was unlawful. The court found the fees had, in practice, prevented access to justice for a significant number of people with genuine claims, particularly lower-value claims where the fee was disproportionate to what was at stake, and that this breached the common law right of access to the courts. The government revoked the fees with immediate effect and refunded those who had paid them.

What has happened since 2017

A separate point people often confuse with fees: costs

Many people assume that because county court claims can expose the losing side to the other party's legal costs, employment tribunal claims work the same way. They generally do not. Each side normally bears its own costs regardless of outcome, and a costs order against a losing claimant is the exception, reserved for cases where the claim or the conduct of it was vexatious, abusive, disruptive, or otherwise unreasonable. This costs protection, distinct from the fee question, is one reason the tribunal is often described as a comparatively accessible forum for self-represented claimants.

ACAS Early Conciliation

R (UNISON) v Lord Chancellor [2017] UKSC 51

Employment tribunals

Employment Tribunals and EAT Fees — consultation (January 2024)

Employment Tribunal Fees — Employment Tribunal Glossary

Whether it costs anything to bring an employment tribunal claim, the history of the 2013 fees struck down by the Supreme Court, and later proposals to bring fees back.