header-logo header-logo

10 April 2024
Issue: 8066 / Categories: Legal News , Employment , Tribunals
printer mail-detail

Employment claim fees may be unlawful

Re-introducing employment tribunal fees is potentially unlawful and would block access to justice and increase costs to taxpayers, the Employment Lawyers Association (ELA) has warned

In January, the Ministry of Justice (MoJ) proposed a blanket, irrecoverable £55 fee for claims before the employment tribunal and Employment Appeal Tribunal. Its stated aim is to reduce taxpayer costs, incentivise settlement and generate resources for ACAS.

Formally responding in March to the MoJ consultation ‘Introducing fees in the employment tribunals and the Employment Appeal Tribunal’, the ELA said the fee would place additional burdens on tribunal staff and would likely deter those experiencing, or those who had experienced, in-work poverty.

The ELA argued the fee scheme would not provide incentive to settle to the well-off, but instead have a disproportionate and deterrent impact on potential claimants with little money. Moreover, the ELA highlighted that people with protected characteristics make up a disproportionate number of people who are working but in poverty.

The ELA pointed out there was no exemption for low-value or non-monetary claims, and that, on the government’s own impact assessment, it did not meet the policy goals. It argued the proposals were so ‘irrational’ they might be unlawful.

ELA working party co-chair Caspar Glyn KC said: ‘From the evidence presented, and the government’s own admission that the new regime will cost more to run than it raises… the inference could be drawn that the real aim of these proposals is to deter claims, which will in turn obstruct access to justice for the most vulnerable people in need of legal intervention.’

The government introduced employment tribunal fees in 2013 but was forced to drop them in 2017 after the Supreme Court ruled them unlawful.

Issue: 8066 / Categories: Legal News , Employment , Tribunals
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll