Why everyone benefits from the scrapping of employment tribunal fees

Professor Michael Ford QC, Professor of Law, University of Bristol Law School

Unfairly dismissed from your job? Seeking unpaid wages? For the last few years, if you wanted your case heard at an employment tribunal in the UK, you had to pay up front. For unfair dismissal, the fees amounted to £1,200, and for unpaid wages £390.

Introduced in 2013, the fees were designed to ensure that “users” of the system were the ones who funded it. The other justifications were to incentivise early settlements, and to deter weak or vexatious claims.

Underlying all these motivations was a concern that too many cases were being brought. And in that sense, the fees sort of worked.

That was mainly because the high level of fees (for workers who hadn’t been paid or had lost their job) compared unfavourably with the low level of sums awarded. A survey in 2013 found the median award for claims for unpaid wages was only £900. Put simply, it just wasn’t worth it. Continue reading

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Latest employment tribunal statistics confirm loss of access to justice for workers

Professor Nicole Busby, Strathclyde University

Professor Nicole Busby, Strathclyde University

If we needed further proof that the Coalition’s policy of charging claimants to bring cases to the Employment Tribunal (ET) posed a serious threat to access to justice in employment disputes, the latest ET statistics published by the Ministry of Justice (MOJ) provide it.

The most recent figures, which cover April to June 2014, show that the downward trend in the number of claims brought, which has been recorded for every quarter since fees were introduced in July 2013, has continued. Single claims have fallen by 70% compared with the same period in 2013, with multiple claims down from 1500 to just 500. Furthermore, the introduction in April 2014 of Acas’s early conciliation scheme has had an impact on the number of claims lodged.

Under the scheme, there is a mandatory requirement that Acas must be notified of any dispute before an ET claim can be made. This is to facilitate efforts to settle the dispute. One effect of this is that cases which do end up with the ET now face a time lag of about a month while Acas has an opportunity to intervene. Another effect is that the statistics for April to June 2014 are not directly comparable with the same period in 2013. Nevertheless, there is still a significant reduction.

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Tribunal fees mean workers can’t afford a fair hearing

Professor Morag McDermont, Professor of Socio-Legal Studies, University of Bristol

Professor Morag McDermont, Professor of Socio-Legal Studies, University of Bristol

It’s been a year since the government introduced fees for workers making a claim to an employment tribunal. The most recent statistics show that this has led to an 81% decrease in cases. This has profoundly worrying consequences for the future of employment law. Workers who have been unfairly dismissed, subjected to unlawful discrimination, or who have simply not been paid for work they have done now have severely limited access to justice.

So why has the sudden drop happened? Have employment relations in the UK suddenly improved? No. The reason is simply that the vast majority of workers who find themselves in dispute with their employers (or ex-employers, since many claims relate to dismissal) can no longer afford to seek justice.

Professor Nicole Busby, Strathclyde University

Professor Nicole Busby, Strathclyde University

The coalition government introduced the fees regime largely thanks to unsubstantiated assertions that employment tribunals provided a charter for workers to make unmerited claims and vexatious appeals. The restriction of access to justice on the basis of ability to pay may seem like a contradiction in terms, and the level at which fees have been set is far higher than those for making a comparable claim in the County Court.

In order to even submit a form which enables a claim to be lodged in the system, a worker must now pay between £160 and £250 depending on the nature of the claim. If the claim goes to a hearing, the aggrieved worker must pay a further £230 or £950. This means that in order for many serious claims to be resolved, alleged victims must pay £1200 alongside any other related costs. It is hardly surprising that four out of five people now decide not to proceed.

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