Fee System for Employment Tribunals Failing

The Ministry of Justice published figures 11 September 2014, which give compelling evidence that the fee system for employment tribunals acts as a barrier to access to justice. 

The statistics reveal that the number of employment tribunal claims in Scotland,England & Wales has greatly decreased since the 29 of July 2013, when the fees were introduced. 

The fee structure dictates that anyone wishing to bring a claim will be required to pay an issue fee for lodging a claim and if the claim proceeds to a full hearing, an additional hearing fee.

The statistics show a drop of 59 per cent year on year,  the number of cases after the introduction of the fees in August 2013 until the end of March 2014 was 16,206. However for the same period the year before, the figure was 39,567. 

The figures from April to June show that the total claims for the period in 2014 was 4245 compared to 13,899. However, this even further reduction may be due to early conciliation introduced by Acas. Under early conciliation, anyone wishing to lodge a claim with an employment tribunal must first consult with Acas.

Acas will then ask if they are willing to negotiate and if they are Acas will assist in resolving the dispute. There is normally a month long wait for Acas to agree that the individual can lodge a claim. There is a system for granting fee reductions or waivers under certain circumstances, however previous figures have revealed that the actual number of waivers or reductions granted is low. 

 It is speculated that while it is important that employers have protection from whimsical claims, the introduction of fees may be preventing people from bringing legitimate claims as a result of the cost involved. This is particularly unfair to workers who are not well paid. 

Unison challenged the fee regime in the High Court in England and Wales, however the outcome was unsuccessful. They have appealed the decision with the appeal being heard next week on the 18th September. It is predicted that the new statistics may be evidence in favour of Unison’s appeal.

Employment Solicitors in Glasgow

If you are an employee or employer looking for advice about employment tribunals or negotiations, or for any other employment law matter, Employment Law Glasgow's specialist lawyers can help. To get in touch, please complete our online enquiry form. You can also call 0141 811 0224.