Remission is the system whereby a claimant in an employment tribunal case can apply to have the tribunal fees waived due to a lack of income and capital. This system has been in place since tribunal fees were introduced in July 2013. It has now been revealed that only 24% of remission applications between 29th July and 31st December 2012 were granted (in part or in full).
Putting that in perspective, it amounts to remission being granted in just 5.5% of the 9,305 single claims and 1,519 multiple claim cases issued in that period. The Ministry of Justice had originally predicted that 31% of Claimants would be eligible for fees.
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These statistics, along with the 79% reduction in employment tribunal claims made since tribunal fees were introduced, will put more pressure on the government to review the system. It is our view that tribunal fees could well be reduced in the next 12 months or so and that the remission system needs to be looked at in more detail. There have been reports of many claimants having their remission applications rejected even when they appear to meet the criteria and the time it is taking to process the applications is too long, months in some cases. This affects employers as well as they can suddenly receive a tribunal claim for an employee who left their employment many months before, long after the 3 month deadline (in most cases) and when the employer thinks that they are safe from any claims.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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