Employment tribunal cases have increased by 118% following the removal of fees in October 2017. The Supreme Court had ruled that the fees were unlawful in a case brought by UNISON who claimed the fees, which amounted to up to £1200 for a single claim, were an obstacle to justice and were potentially discriminatory.
Even though the cases have increased they haven’t risen to the level they previously were before the introduction of the fees in 2013. There is also a backlog of cases, as while the number of cases have grown, the number of tribunal judges available to consider them has not. The Supreme Court ruling also meant that those who had paid for the tribunal fees over the four years when the costs were introduced would be eligible for reimbursement, leading to £6.6m being paid out from October 2017 to March 2018. This covered 7,733 claims, and there will be more to follow as the Ministry of Justice is sending out 10,000 letters a month to people who may be eligible.
Employers should note that the removal of the employment tribunal fees removes the financial deterrent that was in place for disgruntled employees and ex-employees to bring a claim. However, it does allow those that have a genuine claim to receive a fair hearing and the opportunity for remedy if it is legitimately warranted.
It makes it all the more important for employers to follow a fair process and comply within employment law ensuring that there is suitable protection in place against any ill-founded claims.
For more information on good HR practice and compliance with employment law please contact Halcyon HR Consulting Ltd.