The government will not reintroduce employment tribunal fees, the justice secretary has said - after unions warned the move would be a ‘gift for bad bosses’.

According to a report in the Guardian last week, sources in Westminster had said ministers were looking at reviving a proposal made by the coalition government to resurrect a charge. A source close to the government said a plan was agreed in chancellor Rachel Reeves’s June spending review, as part of efforts to find savings in the Ministry of Justice budget and recover some of the costs of running the service.

David Lammy, lord chancellor

Lord chancellor David Lammy

Source: Michael Cross

But yesterday David Lammy ruled out such a change, posting on social media network X to say: ‘Everyone, no matter their income, should be able to get access to justice to challenge unfair behaviour at work. This is fundamental to Labour’s plan to make work pay. That’s why it will remain free to bring a case to an employment tribunal.’ 

In a statement this morning he added: 'The Tory-Lib Dem coalition government tried to price workers out of justice with tribunal fees. Let me be clear, we will not. 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.

'It’s not just a basic right, it’s also fundamental to this government’s plan to make work pay. That’s why it will remain free to bring a case to an employment tribunal, ensuring everyone, no matter their means, can stand up for their rights at work.'

Paul Nowak, secretary general of the TUC, welcomed Lammy’s announcement, saying: ‘No one should ever be priced out of enforcing their rights at work.’

Tribunal fees were first introduced in 2013 by the coalition government, under a fees order made by then lord chancellor Chris Grayling. Straightforward disputes attracted issue and hearing fees totalling £390, while for more complicated matters the charges totalled £1,200. The Employment Appeal Tribunal attracted total fees of £1,600. 

The fees were withdrawn in July 2017, after trade union Unison successfully argued before the Supreme Court that they prevented thousands of employees, particularly people on low incomes, from securing justice.