Tribunal fees have had a "chilllng effect" on employment disputes says Law Society

The Law Society has rejected a government claim that imposing fees for taking cases to employment tribunals has helped large numbers of workplace disputes to be settled.

According to the society, the fees have had a chilling effect on the number of people able to bring cases.

Responding to a review of the fees issued by justice minister Sir Oliver Heald, society president Robert Bourns said: “The minister asserts there is ‘no evidence to suggest’ the fees are limiting access to justice – but the evidence in his own report suggests that tens of thousands of people are slipping through the cracks.

“The truth is employment tribunal fees have had a chilling effect on the number of people able or willing to bring a case against their employer.”
Mr Bourns said that cases most affected were in sexual discrimination and equal pay, where he said the reduced number of claims had “altered the behaviour of employers”.

Fees for cases in the Employment Tribunals and the Employment Appeal Tribunal were introduced in July 2013. The review found more than 92,000 people had brought workplace disputes last year and the introduction of fees had seen a record number resolved either through tribunals or through the alternative of conciliation.

Sir Oliver said: “It is right that those who can afford to should contribute to the cost of employment tribunals. Under our reforms, record numbers are bringing forward disputes in tribunals or through the ACAS conciliation service.”

A consultation on potential fee reforms arising from the review runs until 14 March

The review found that while many have chosen not to bring employment tribunal claims, there was “nothing to suggest they have been prevented from doing so” and the higher numbers turning to ACAS was a “positive outcome”.

It said the fees raised £9m in line with expectations though conceded there was “evidence that some have found fees off-putting - even if affordable or if they may have qualified for fee waivers”.