Employment Tribunal Fees Review

The House of Common Justice Committee has published its review into Court and Tribunal Fees. Note this is not the government review which was completed in 2015 but has not been published, about which the report is deeply critical.

These are the key findings of the report:-

• there has been a significant drop in the number of employment tribunal claims;
• the government's assertion that the drop is largely attributable to the success of ACAS Early Conciliation is "even on the most favourable construction, superficial";
• fees "have had a significant adverse impact on access to justice for meritorious claims";
• the 'type A' and 'type B' claim distinction did not relate to the complexity or length of cases;
• the level of fees should be a "substantially reduced";
• the remission system should be overhauled, with only one application needed to cover both issue and hearing fees.

The report also recommends special consideration and a review of the three month time limit in pregnancy discrimination cases.

Comment

"This report is embarrassing for the government, but is likely to have very little political impact, especially as the timing of the report, three days before the Brexit vote, meant it received very little press attention," remarks Head of Employment Paul Burton.

Our Employment Team, based in Christchurch, also cover Bournemouth, Poole and the New Forest. For a free initial chat, please call 01202 499255 and Paul or a member of the team will be happy to discuss any questions that you may have.