In a move that has sparked controversy, the UK government is considering the reintroduction of fees for employment tribunals. These fees, previously scrapped in 2017, are now being reconsidered, and unions and workers’ rights groups are voicing their concerns.
The Background:
Back in 2013, the government introduced fees for employment tribunals, ranging from £390 to £1,200 depending on the case. However, this fee regime faced significant backlash. The supreme court ruled that it hindered access to justice, violating both UK and EU law. Consequently, the government was forced to abandon these fees.
The Current Proposal:
Now, the government is consulting on bringing back employment tribunal fees. The proposed fees start at £55 per claim, with an additional appeal fee for each judgment, decision, direction, or order being appealed against. While the initial fee can cover claims on behalf of multiple individuals, the appeal process could still result in significant costs for claimants.
Unions and Workers’ Rights Groups React:
A coalition of 48 organizations, including the TUC, Citizens Advice, Joseph Rowntree Foundation, the Fawcett Society, and Maternity Action, has expressed strong opposition to the reintroduction of fees. They argue that:
- Exploitation Concerns: Bringing back fees risks pricing many people out of workplace justice. It could deter individuals from lodging worthy claims and give a green light to bad employers to exploit their workers.
- Undercutting Good Employers: By allowing fees, bad employers may undercut good ones, knowing they are less likely to face claims in the employment tribunal.
- Enforcement of Employment Rights: The workers’ rights groups emphasize that employment rights are only real if they are enforced. Reintroducing fees could undermine workers’ ability to seek justice.
The groups opposing the fees said in a joint statement: “Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives.”
“Access to justice must never be contingent on your ability to pay.”
TUC general secretary Paul Nowak said: “All working people should be able to enforce their rights. But introducing fees for tribunals puts yet another hurdle in the way of those seeking justice at their most vulnerable moment.”
Government’s Stance:
The government contends that the proposed fees are proportionate and affordable, aligning with the supreme court judgment. It argues that users should contribute to the running costs of tribunals, similar to users of other courts and tribunals. Additionally, help will be available for those unable to afford the fee.
The consultation period runs until March 25, during which stakeholders can provide feedback. The government claims it aims to strike a balance between access to justice and financial sustainability for the tribunal system.
While the debate continues, the fate of employment tribunal fees hangs in the balance, affecting workers’ rights and the pursuit of justice in the workplace.
By Pat Harrington
Picture credit: Image by Daniel Bone from Pixabay