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.
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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