"Dramatic decline" in claims after fees introduced
New statistics reveal a “dramatic decline” in the number of employment tribunal claims being brought, a year after fees were introduced.
Employment Tribunal Service figures for October to December 2013 show 9,801 claims were received, a 79% drop when compared with the same period in 2012. Fees for employment tribunals and the employment appeals tribunal were introduced last year for claims received on or after 29 July 2013.
Geoffrey Mead, partner at Eversheds, says: “Last year, Unison brought judicial review proceedings, challenging the fees as ‘unjust and discriminatory’ and seeking to rely upon the September 2013 tribunal statistic in support.
“At that time, the court was not satisfied there was sufficient evidence that fees were having a disproportionate impact upon those vulnerable to discrimination or that they were proving a barrier to justice. That decision is being appealed and may be influenced by [these] statistics, not least since the court did not close the door to such arguments, were the evidence stronger.
"It is in the interest of all that the tribunal system is stable and robust. The fact that [these] figures could serve to re-enforce a perception that the tribunal is less accessible casts an unwelcome shadow over the future stability and certainty of the current system. Only time will tell."
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