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10 April 2024
Issue: 8066 / Categories: Legal News , Employment , Tribunals
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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
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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