Unison given go-ahead to fight new employment tribunal fees

Unison said the High Court had given permission for a hearing to be held in October, although the union expressed disappointment that its challenge could not be held before the charges of up to £1,200 for cases of unfair dismissal and discrimination came in to force.

Unison General Secretary Dave Prentis said: “The introduction of punitive fees for taking a claim to an employment tribunal, would give the green light to unscrupulous employers to ride roughshod over already basic workers’ rights.

“The Government should not put a price on justice. It is disappointing that, in the interim, fees will still be paid, but we will be making a strong case for a Judicial Review in October because we believe that these fees are unfair and should be dropped.”

However, many employers have welcomed the changes, because they hope they will deter people with weak or spurious claims.

From yesterday, simple ‘Type A’ claims, such as wage-related disputes, or more complex ‘Type B’ claims, such as unfair dismissal, discrimination and whistleblowing, will cost claimants £160 and £230 respectively – with claimants also having to pay further fees of £250 and £950 respectively for Type A and Type B cases.

However, applicants who receive certain welfare benefits are exempt from paying fees. A number of leading Yorkshire employment lawyers have questioned whether the changes will help employers.

Andrew Lightburn, of hlw Keeble Hawson, said: “If the fees of most claimants receiving Jobseekers Allowance are waived, the objective for the reforms to cut the number of claims could fall at the first hurdle, because, by definition, claims are brought by people who have just resigned or been dismissed.”

Alex Clements, a Leeds-based partner at Schofield Sweeney, added: “While the proposals may, on the face of it, look like good news for employers, the picture may not be so straightforward. Remissions on fees are available for those on low income and without substantial savings. Given that many of the recently dismissed will fall into this category, the reduction in the number of cases may not be so stark as first imagined.

“Those claimants who do pay fees will seek to recover that cost from the employer, thereby pushing up the average cost of settlement and size of award.

“In a further sting in the tale, tribunals now have the power to inflict financial penalties of up to £5,000 if they believe that the employer has breached the employee’s rights and that breach has ‘aggravating features’.

“Unhelpfully, aggravating features are not defined, so we can expect to see some litigation in this area over the coming months.”

Clare Gregory, a partner at DLA Piper, said: “It seems likely that the number of claims received by the tribunal service will reduce, but we expect those that do fight to be pursued more vigorously by claimants; if individuals are forced to put their money where their mouth is at an early stage, they may be more likely to stand and fight, regardless of the legal merit of their claims.”