Employment tribunal fees decision 'huge' say Shropshire lawyers
Shropshire lawyers have predicted a rise in the number of employment tribunal claims on the back of a "crucial" and "huge" ruling.
The Supreme Court decided last week that fees of up to £1,200 for Employment Tribunals, introduced in 2013, are unlawful. It will lead to a Government payout of up to £32 million to claimants who had to pay fees to take their cases to tribunal.
nison took the case to court following an estimated 79 per cent reduction in tribunal claims over three years.
Julia Fitzsimmons, employment partner with law firm FBC Manby Bowdler, said: “The judgement is incredibly important and recognises that employment tribunal cases are important for society as a whole, not just the individuals involved.
“The Supreme Court effectively confirmed that fact the fees order was preventing access to justice. The issue for employers is whether this will now see an increase in Employment Tribunal claims.
“There is no indication as yet as to whether there will be any fee for presenting tribunal claims or whether the system will go back to the fee pay system prior to 2013.”
She added that employers must review their employment policies in light of today’s decision and tread more carefully when dealing with employment issues
“There is the concern that employees who were not bringing claims or raising grievances internally may now feel emboldened to do so," she said.
"Employers would be advised to review their systems and make sure that they get the basics right including handling disciplinary hearings and grievances properly and fully in accordance with the ACAS code and their own compliant procedures.
“There is also an issue raised by the Supreme Court that fees were indirectly discriminatory and we may see additional claims here in that women in particular were less able to meet the fee requirement.”
Sally Morris of mfg Solicitors said it may have "put the brakes" on thousands of people making legitimate claims if they could not afford the fees.
She said: “This huge decision now means that tribunal arrangements could go back to where they started.
"Those who were put off taking their employer to an employment tribunal because of the fee regime may now choose to do so without the expense of fees hanging over them. It is likely to open the floodgates to more claims in the coming months.”
For the employers who operate fair employment practices the ruling is thought to be of little concern. But Ms Morris warned of "spurious" claims finding their way back into a tribunal.
“Overall, it is clear that the ramifications could go well beyond the employment law arena and it is vital that businesses and individuals here in Shropshire seek professional advice on what the ruling could mean for them.” she added.
Keir Hirst, who heads the employment department at Shrewsbury-based Wace Morgan Solicitors, said the step follows a four-year legal battle which challenged the government over the legality of its introduction of the fees in 2013.
“This decision is of fundamental significance for the employment tribunal system and for the employees and employers who use it," he said.
The judgment also means that anyone who has paid such a fee may be entitled to a refund, meaning the government could have to repay up to £32m to claimants.
