Republished from Thompsons’ Labour & European Law Review:
A new report by the TUC to mark the one year anniversary of the introduction of tribunal fees has found that they have had a devastating impact on access to justice for working people.
Since July 2013, workers who have been sexually harassed, sacked because of their race, or bullied because of a disability have been forced to pay £1,200 for their claim to be heard by an employment tribunal. Those seeking to recover unpaid wages or holiday pay have to pay up to £390.
The report – What Price Justice? – analysed government statistics for January to March 2014, which revealed a 59 per cent fall in claims, compared to the same quarter in 2013. During these three months just 10,967 claims were received by employment tribunals compared to 63,715 for the same quarter in 2013.
The TUC analysis of the statistics found that:
- Women are among the biggest losers – there has been an 80 per cent fall in the number of women pursuing sex discrimination claims. Just 1,222 women took out claims between January and March 2014, compared to 6,017 over the same period in 2013.
- The number of women pursuing pregnancy discrimination claims is also down by over a quarter (26 per cent), with just three per cent of women seeking financial compensation after losing their jobs.
- Race and disability claims have plummeted – during the first three months of 2014 the number of race discrimination and sexual orientation claims both fell by 60 per cent compared to the same period in 2013.
- Disability claims have experienced a 46 per cent year-on-year reduction.
- Workers are being cheated out of wages – there has been a 70 per cent drop in workers pursuing claims for non-payment of the national minimum wage.
- Claims for unpaid wages and holiday pay have fallen overall by 85 per cent. The report says that many people are being put off making a claim, because the cost of going to a tribunal is often more expensive than the sum of their outstanding wages.
- Low-paid workers are being priced out – only 24 per cent of workers who applied for financial assistance to take claims received any form of fee remittance.
- Even workers employed on the minimum wage face fees of up to £1,200 if a member of their household has savings of £3,000.
TUC General Secretary Frances O’Grady said: “Employment tribunal fees have been a huge victory for Britain’s worst bosses. By charging up-front fees for harassment and abuse claims the government has made it easier for bad employers to get away with the most appalling behaviour.
“Tribunal fees are part of a wider campaign to get rid of workers’ basic rights. The consequence has been to price low-paid and vulnerable people out of justice.”
Neil Todd at Thompsons Solicitors said: “The statistics set out in the TUC report make it absolutely clear that the introduction of Tribunal fees have deterred workers from seeking legal redress as a result of unlawful conduct in the workplace. The fees are one of a number of attacks on working people which have been introduced by the Coalition Government. This has left workers in the UK more vulnerable than their counterparts across the EU”.
To read the report, go to: http://www.tuc.org.uk/sites/default/files/TUC_Report_At_what_price_justice.pdf