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Fees are difficult because by virtue of the area of law there is a near certainty of financially insecure circumstances being present before a claimant issues their claim. The ET should be viewed as completely different to other courts because firstly it is a distress purchase and secondly any fee at all can have a dramatic effect on a persons assessment of bringing their claim. If someone is owed £250 wages (which represents 5 weeks' food money; yes it really does), should they have to pay £25 to lodge their claim? (that's 3.5 days food).
These are real circumstances that some people in the rarefied heights are entirely oblivious to.
A prospective client was in my office yesterday explaining her circumstances, several terrible personal events followed by some sexual harassment and a dismissal. How much should she pay? She explained she wanted to kill herself and after calming her and assuring her we could handle her case, I had to advise her to go straight to her doctor. Sexual assault at work, serious racism, these are everyday occurrences and it is easy to view employment claims as a 'try on' but these things are happening every single day.
In any event research shows that fees have the opposite effect of discouraging vexatious claims. Setting a suitable fee level is an absolute minefield and has to suit the top earners and the zero hours worker who is owed £100.
Good luck with getting it right is all I can say.