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This summer marks the introduction of a fees system in Employment Tribunals, imposing a requirement on claimants (employees) to pay an issue fee when they submit a claim or appeal and a hearing fee prior to their case being heard.
At present Claimants pay nothing to bring a claim, with any fees incurred being paid for by the taxpayer. The Government has wanted to move away from this to reduce what it considers to be a huge burden on the nation’s finances. Justice Minister Jonathan Djanoly recently stated: “It’s not fair on the taxpayer to foot the entire £84 million bill for people to escalate workplace disputes to a tribunal. We want people, where they can, to pay a fair contribution for the system they are using”. This is in stark contrast to the views of business groups who thought that the fees system should be introduced to deter weak or so called “vexatious” claims.
The new rules will implement a two-stage fee charging structure. A claimant will pay a fee on issuing their claim, and a further fee if the claim proceeds to a hearing. The costs incurred vary depending on the type of claim being brought and how many claimants are involved. The issue fee is between £160 - £1,500 and the hearing fee between £230 -£5,700.
There has been widespread criticism from Trade Unions and other employee groups, many of whom consider that the new rules will deter people from bringing valid claims. To address this, the Government is extending the HMCTS civil courts remission system to employment tribunals in an attempt to protect access to justice for claimants who cannot afford the fees.
In conclusion, there exists numerous arguments for and against the introduction of tribunal fees. Only time will tell us whether the new system will end up creating a positive dynamic or just another aspect of tribunal tactics to be used by the parties or representative in order to gain the upper hand.
If you would like any further information please contact: Henry Doswell on 01689 887846 or email henry.doswell@cwj.co.uk