This week, the employment team at Jacksons give their view on the recent decision to eliminate Employment Tribunal Fees.
Last week, the Supreme Court upheld the lengthy legal challenge by Unison to the government’s introduction in July 2013 of fees of up to £1,200 for the lodging and listing for hearing of Employment Tribunal claims. The Supreme Court found that the fees were unlawful, principally because they denied employees’ access to justice. The Government reacted immediately to abolish the fees and to announce that the £32 million pounds in fees that have been paid since 2013 will be repaid.
The Employment Team at Jacksons consider the decision has major implications for employers and employees alike. The current climate of challenge to authority, disillusionment with austerity and increasing awareness of employee rights from high-profile legal decisions suggests that there is a lingering disenchantment amongst workers that they are not being dealt a fair hand. Now that they are no longer constrained by the costs of initiating a claim, workers will want to explore their rights further such as their employment status, the entitlement to claim unfair dismissal, the fairness of any procedure that the employer may have followed and whether they have been subjected to any form of discrimination.
There is also the perception that some employers have in recent times adopted less compliant practices towards their employees because of the perceived low risk of being sued in the Tribunal and the impact of austerity on many businesses. Whether or not that is correct, employers should review their procedures, ensure that contracts and policies are compliant with the principles of employment law and provide training for managers and supervisors to raise awareness. By taking these steps they will reduce the risk of claims, protect the balance sheet from unexpected cost and avoid damage to reputation.
It also makes good business sense to consider access to specialist legal advice and to review the merits of obtaining insurance to cover the event of a claim being issued.
The Employment team at Jacksons have, between us, over 50 years’ experience in advising on Employment law and we can offer expert, quality advice at a price tailored to suit any business or individual who requires support. Please contact any a member of the team by calling 01642 356500/0191 2322574, or by emailing me; jdalzell@jacksons-law.com, to find out more about how we can support you in the wake of this significant decision.
Julie Dalzell, Senior Solicitor, Jacksons’ Employment Team.
