TRIBUNAL FEES FOR BRINGING A CLAIM RENDERED UNLAWFUL

Fees for those bringing employment tribunal claims have been ruled unlawful, and the government will now have to repay up to £32m to claimants.

The government introduced fees of up to £1,200 in 2013, which it said would cut the number of malicious and weak cases.

Government statistics showed 79% fewer cases were brought over three years - trade union Unison said the fees prevented workers accessing justice.

The government said it would take steps to stop charging and refund payments. The Supreme Court ruled the government was acting unlawfully and unconstitutionally when it introduced the fees.

Comment

This will of course have an impact for Employers up and down the country. Employers have been safe in the knowledge for the past 4 years that Claimants will be discouraged from bringing a claim that never had prospects as a fee had to be paid. Now this barrier has been removed, this opens the possibility that disgruntled employees may bring a claim with limited legal prospect of success.

It’s now more important than ever to ensure that proper processes are followed to ensure that Employers have a solid defence if a rogue claim is presented.