- Nearly 50 organisations including the TUC, Citizens Advice, Joseph Rowntree Foundation, Fawcett Society, Maternity Action, Women’s Budget Group and Liberty call on government to reconsider its plans
- Government consultation exercise on the proposal ends on 25th March 2024
Unions, legal networks and rights organisations have today (Monday, 26th February 2024) slammed the government’s decision to reintroduce employment tribunal fees.
In a joint statement penned by 48 organisations and campaigners including the TUC, Citizens Advice, Maternity Action, Women’s Budget Group, Liberty, Joseph Rowntree Foundation, Fawcett Society, and Mother Pukka, the signatories call on the government to urgently reconsider its plans.
In 2017, after Unison brought a legal challenge, the Supreme Court quashed the previous tribunal fees regime because it “effectively prevents access to justice and is therefore unlawful.”
The joint statement says the decision will put yet another hurdle in front of those seeking justice, highlighting the existing barriers working people face including:
- Lack of awareness of key employment rights and the process for bringing a claim.
- Strict time limits on filing claims.
- 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.
The groups say that introducing fees will encourage exploitation of workers:
“We believe this will deter many from lodging worthy claims and gives a green light to bad employers to exploit their workers. 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.”
They raise concerns about the impact on workers in the middle of a cost of living crisis:
“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.”
And they warn that those at the sharp end includes workers already at high risk of mistreatment
“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.”
TUC General Secretary Paul Nowak said:
“All working people should be able to enforce their rights. But introducing fees for tribunals puts yet another hurdle in the way of those seeking justice at their most vulnerable moment.
The Conservatives have already tried this and failed. Last time they introduced tribunal fees, claims dropped by two-thirds. And the Supreme Court threw fees out – saying they interfered with access to justice.
That should have been the nail in the coffin for these cynical plans, but ministers have decided to side with bad bosses over workers and resurrect employment tribunal fees.
Employment tribunal fees give employers a pass to exploit workers – whether it’s discrimination, unfair sackings or withheld wages.
Working people shouldn’t be picking up the bill for exploitative employers’ poor behaviour. It’s plain wrong. Ministers must halt their plans without delay.”
Rosalind Bragg, Director at Maternity Action Group, said:
“For pregnant women and new mothers in the cost of living crisis, every penny counts. Charging fees for employment tribunal claims puts the justice system out of reach for women at a time when they are most in need of protection.
If the Government is serious about stamping out maternity discrimination, they should be reducing barriers to justice not increasing them. Fees will reduce the deterrent effect of the employment tribunal, reassuring bad employers that they can get away with breaking the law.
We have laws in place to secure equal treatment of pregnant women and new mothers at work but these are ineffective without the robust operation of the employment tribunal. Fees are a step backwards in the fight for gender equality.”
However, many are also concerned about the stance any future Labour Government will take on this and many worker's rights issues. Sadly, there are too many Tory policies that the Labour leadership seem to be in support of, e,g, NHS privatisation.
The joint statement issued is as follows:
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)
- 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) -
Community Policy Forum -
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
The consultation process and questionnaire is available on-line with a deadline of 25th March 2024
Get involved in the consultation process - HERE
Source: TUC / Gov UK
