The Minister of State for Courts & Justice, Dominic Raab, recently answered questions in the House of Commons from fellow MPs on how those who have previously paid ET fees are to be reimbursed.
According to Dominic Raab, the cost of employment tribunals last year was £68 million; only £8 million came from Tribunal fees and the rest was from taxpayers. The reimbursement will be considered in due course, but focus was drawn on how to alleviate the funding gap.
The Supreme Court was concerned that meritorious claims were being put off by the fees. Consideration is now being given as to how to fairly sift out unmeritorious cases before they are made into a full case, in order to focus more time on the meritorious claims.
It appears that the Government is looking to reinforce the role of ACAS. The compulsory pre-action conciliation procedure has had a strong impact on reducing the number of cases that need to go to Tribunal however, parties currently can refuse to take part in the pre-action conciliation. We may therefore see the development of a full compulsory conciliation service before resorting to the Tribunal going forward.