header-logo header-logo

30 October 2014 / Clare Harrington , Daniel Hobbs
Issue: 7628 / Categories: Features , Employment
printer mail-detail

The hidden costs

harringtonhobbs

What is the true price of defending an employment tribunal claim? Clare Harrington & Daniel Hobbs report

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll