Employment tribunal fees were scrapped by the Supreme Court in: are they still free in 2026?
Employment tribunal fees were ruled unlawful and subsequently scrapped in 2017, but is this still the case nearly 10 years on? Here’s where things stand now and what you need to know before you make an employment tribunal claim.
The Supreme Court’s ruling
Between 2013 and 2017, employees in the UK who had disputes with their employers had to pay fees to take their case to an employment tribunal. The charges ranged from £160 for smaller disputes, such as issuing a claim for lost wages, to £1,200 for more serious claims, including unfair dismissal. Following the introduction of these charges, employment tribunals dropped significantly, including for cases such as maternity discrimination.
In 2017, the Supreme Court decided that fees were “inconsistent with access to justice”, as evidenced by the dramatic fall in cases. As a result, tribunal fees were scrapped, and employees who had paid since 2013 were reimbursed.
Are employment tribunals still free?
Yes, there is currently no fee to bring a claim to an employment tribunal in England, Wales or Scotland. There is also no fee to appeal to the Employment Appeal Tribunal.
‘Free’ does not mean cost-free, though. You may still have your own costs, such as legal advice or witness expenses.
Is there change ahead?
When the fees were scrapped, claims started rising, and they’ve continued to rise. In fact, tribunal claims rose by 39% in 2025/26 compared to the year before. And the tribunals are struggling to keep up.
The idea of bringing fees back has come up since, most recently in 2024, but as of yet, there are no plans for this.
One thing that has changed, however, is the time limit for tribunals. From 1st October 2026, employees have six months to make an employment tribunal claim (rather than three months). From January 2027, the qualifying period for unfair dismissal claims also changes: from two years to six months.
“For people who have lost their jobs or are employees on low incomes, free access to employment tribunals enables workers to have the right to a fair tribunal and justice. Employees need to be able to challenge unlawful treatment, and both parties can benefit from a system in which workplace disputes can be resolved fairly and properly.”
– Samantha Castle, Employment Law Partner
Further information
To speak to our expert lawyers about employment tribunal claims or any other employment-related issue, call 0117 325 2929 or complete our online contact form.
