The hidden costs

Since the introduction of fees in the employment tribunal and the consequent reduction in claims, it might be thought that it is the employer who now comfortably has the upper hand in this jurisdiction. In the majority of claims, the claimant is now required to comply with the requirements of early conciliation and he must pay a fee to issue his claim or navigate the application process for remission. The necessity to pay fees (in circumstances where remission is unavailable) does not stop, of course, with the issue of the claim, with further payments required to progress to a final hearing. These elements of the process have surely strengthened the tactical position of many employers. To a great extent, an employer may sit back and see whether the claimant will indeed issue a claim and actually “put his money where his mouth is”.

Recoverability of costs

However, what this approach fails to acknowledge is the