I recently represented a claimant case in Nottingham employment tribunal. \u00a0The claimant waiting room was eerily quiet being empty when we walked in.\u00a0 This was compared to sixteen months earlier when I had represented another claim there and the room had been packed out. \u00a0\u00a0My latest case lasted three days and during that time we hardly saw any other claimants and \u00a0representatives in the waiting room.\u00a0\u00a0 The case ran over and the judge had to assign another day so the remaining witnesses could be cross examined, representations could be made and the verdict decided upon.\u00a0 He reluctantly did this saying the government had cut back his sitting days dramatically.\u00a0 This seems to be the shape of things to come.<\/p>\n
On Monday 29 July under the The Employment Tribunals(Constitution and Rules of Procedure) Regulations 2013 the government introduces tribunal fees for claimants wishing to lodge a claim and then to request a hearing.\u00a0 The last day, therefore, for bringing a fee-free employment tribunal claim will be by 4pm on Friday 26 July. \u00a0Any claims already in the system will not attract fees.<\/p>\n
Following the introduction of the fee system the fees will be repaid to the claimant if they win.<\/p>\n
Type A claims (including unlawful deductions, notice pay, equal pay and redundancy pay) will cost \u00a3160 to lodge the claim, with a \u00a3230 hearing fee; and<\/p>\n
Type B claims (including unfair dismissal and discrimination) will cost \u00a3250 to lodge the claim and a \u00a3950 hearing fee.<\/p>\n
Appeals will cost up to \u00a31,600. Witnesses\u2019 expenses will no longer be paid.<\/p>\n
Fees will be either paid online via credit or debit card or by cheque or postal order.<\/p>\n
There will also be a fee remission system, which\u00a0will attempt to\u00a0ensure that access to justice is not reduced through the introduction of tribunal fees. This will apply to individuals in receipt of certain benefits or who have a disposable monthly income below a certain level. The income of a claimant’s partner will be taken into account though when determining whether a fee remission is given.<\/p>\n
The potential cost of losing an employment tribunal will rise to \u00a320,000 which will further discourage claims.\u00a0 Tribunals are increasingly awarding costs to the losing party which will further discourage claims being brought.<\/p>\n
Employment tribunals were introduced in the early 1970s by a Tory government as a way of preventing strikes over unfair dismissals and workplace injustices. Tribunals can award compensation, but cannot force an employer to take back a worker judged unfairly dismissed.\u00a0 With the changes to the employment tribunal system it seems that rogue bosses will once again have the upper hand and claimants will have to think twice about the implications of lodging a claim.<\/p>\n
The unions are already pitting their wits against the government claiming it is unlawful to deny citizens the right to take a free claim in pursuance of their employment rights. \u00a0The fee structure law will be implemented on 29 July, but if the unions win in court the fees will be refunded.<\/p>\n","protected":false},"excerpt":{"rendered":"
I recently represented a claimant case in Nottingham employment tribunal. \u00a0The claimant waiting room was eerily quiet being empty when we walked in.\u00a0 This was compared to sixteen months earlier when I had represented another claim there and the room had been packed out. \u00a0\u00a0My latest case lasted three days and during that time we […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[116,328,359,282,117,341,1],"tags":[],"class_list":["post-270","post","type-post","status-publish","format-standard","hentry","category-employment-tribunal","category-employment-tribunal-claim","category-employment-tribunal-defence","category-employment-tribunal-fees","category-employment-tribunal-fees-2103","category-employment-tribunal-reform","category-uncategorized"],"aioseo_notices":[],"yoast_head":"\n