Kate Lea, Senior Associate Solicitor and Head of Employment team at Lawson West Solicitors speaks out about Employment Tribunal Fees
Like many employment law practitioners, the rumours circulating in recent weeks about the possible reintroduction of Employment Tribunal fees left me despairing!
Historic Charges – Employment Tribunal Fees were a Barrier to Justice
Many will remember the introduction of arbitrary and costly, Employment Tribunal fees in 2013 – a clumsy attempt to address the steady increase in employment tribunal claims.
Immediately we saw the number of tribunal claims drop off a cliff. Not even the most optimistic person would be inclined to suggest this was representative of improved workplace behaviours, nor because it has simply served to deter vexatious litigants. The decline was so stark it could only sensibly be explained by one thing. The fee regime was operating as a barrier to justice.
Following the successful challenge by UNISON in 2017 the Supreme Court quashed Employment Tribunal fees and, since that time we have seen the number of Tribunal claims increase steadily to pre-2013 levels. This is a good thing for justice.
Employment Tribunal Courts & Delays
However, I write this article as a frustrated, employment lawyer. The Tribunal system is under resourced and is failing its service to users – both claimants and respondents – who are having to wait months, indeed years for justice. It is with genuine sadness when I say ‘I no longer consider the tribunal system fit for purpose’.
Government & Court Fees
Change is needed. However, I am confident that the reintroduction of Employment Tribunal fees is not the answer. Reintroduction of tribunal fees would be little more than a desperate attempt to find savings in the Ministry of Justice budget.
‘Have the government not listened to employment law practitioners nor the Supreme Court’, I asked myself?
Thankfully, the answer appears, for now at least, to be yes. Last week the Justice Secretary, David Lammy, confirmed that the Government WILL NOT reintroduce employment tribunal fees, described by trade unions as a ‘gift for bad bosses’. In his statement he noted the previous coalition Government’s attempt to ‘price workers out of justice’ with tribunal fees, in so doing, recognising the fundamental principle that everyone, no matter what their income, should be able to get access to justice to challenge unfair behaviour at work. A sentiment with which I wholeheartedly agree.
We have a team of experienced employment lawyers ready to help individuals who find themselves facing injustice alone. We’re qualified, confident and experienced, we’re here to help.
