Joint Statement: Opposing the Reintroduction of Employment Tribunal Fees

 

Guardian Feature: Government urged not to resurrect fees for UK employment tribunals

Press Release: Unions, lawyers and rights groups slam ministers’ decision to reintroduce tribunal fees

 

Joint Statement:

As organisations that advocate for workers’ ability to enforce their rights, we strongly oppose the government’s plans to impose fees on people who file an employment tribunal claim.

Following a landmark victory by trade union UNISON, the previous employment fees regime was ruled unlawful by the Supreme Court due to its restriction on access to justice and discriminatory impact.

It appears the government is intent on repeating the mistakes of the past.

We believe reintroducing tribunal fees would block many from lodging worthy claims and give a green light to bad employers to exploit their workers.

There are already considerable barriers to those seeking justice at work:

• An under-resourced employment tribunal system leading to significant delays in cases being heard.
• An under-funded labour market enforcement system that doesn’t have enough inspectors to proactively enforce employment rights.
• Lack of awareness of key employment rights.
• A complicated process for bringing a claim.
• Difficulty in accessing legal support.
• Strict time limits on filing claims.

Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives. Fee exemption procedures are complex and difficult to understand for many, especially within the three months’ time limit for most claims.

Fees are also being levied at a time when rising inflation and subdued wages are putting pressure on family budgets. Access to justice must never be contingent on your ability to pay.

Meanwhile bad employers are being given the go-ahead to undercut good ones, safe in the knowledge they are less likely to face claims in the employment tribunal.

Employment rights are only real if they are enforced. Tribunal fees risk pricing many workers out of workplace justice, especially workers at greater risk of employment law violations such as pregnant workers, disabled workers and migrant workers.

We urge the government to reconsider its plans.

 

Signatories: 

Trades Union Congress

Focus on Labour Exploitation (FLEX)

Community Policy Forum

Maternity Action

Pregnant Then Screwed

Young Women’s Trust (Clairee Reindorp, CEO)

Liberty

Mother Pukka, Anna Whitehouse

Inclusion London

BARAC UK

Citizens Advice

Anti Trafficking and Labour Exploitation Unit (ATLEU)

The William Gomes Podcast

After Exploitation

Latin American Women’s Rights Service (LAWRS) for Refugees

Migrant Voice

Kalayaan

Work Rights Centre

Southeast and East Asian Centre (SEEAC)

Kanlungan Filipino Consortium

Immigration Law Practitioners’ Association (ILPA)

Right to Remain

Advice Services Alliance

Anti-Slavery International

Migrants’ Rights Network

Disability Rights UK

Legal Action Group

Protect

Fawcett Society

Your Employment Settlement Service

Just Fair

Labour Behind the Label

Legal Aid Practitioners Group

Highfields Centre

War on Want

The Joint Council for the Welfare of Immigrants (JCWI)

Anti-Trafficking Monitoring Group (ATMG)

Equally Ours

Snowdrop Project

Haldane Society of Socialist Lawyers

Roma Support Group

No Sweat

Free Representation Unit

Hope for Justice

Greater Manchester Law Centre

Joseph Rowntree Foundation

Rights of Women