TUC denounces employer "myths" about tribunal claims

The TUC has urged the government to resist employers’ demands for a radical change to the tribunals system and focus on poor employment practices instead.

Commenting ahead of an expected major review of employment tribunals, the TUC claimed that major changes to the system “could stop employees who have been wronged at work from seeking justice, and give the green light to rogue employers to break the law”.

It expressed concern at the prospect of the qualifying period in which workers can claim unfair dismissal being increased from one to two years, predicting that this would stop thousands of wronged employees from challenging their employers.

A proposed fee of £500 before individuals could go to a tribunal would also deter employees with genuine cases, particularly if they are low paid and have just lost their jobs.

The TUC described many of the claims put forward by employer groups as “misleading”. In particular:

• The rise in claims: “The vast majority of the 236,000 cases taken last year were multiple claims covering large groups of workers, often in disputes over working time or equal pay,” the TUC said, suggesting that the number of claims made by individual employees was still low. According to the TUC, there was a 90% increase in multiple claims in 2009/10, while single claims rose by 14%
• Fees for bringing a case: Employment tribunals already have the power to require deposits from individuals taking cases, the TUC said, and judges “regularly” issue costs orders and strike out claims they see as 'vexatious or misconceived'. “The tribunal system is based on the principle that employees should not be deterred from bringing cases through fear of large costs should they lose,” it argued
• Vexatious cases: “It is a myth that workers use the employment tribunal system in a vexatious manner,” the union body argued. “It is widely recognised that bringing a tribunal claim can be a highly stressful and time-consuming experience, and as a result many individuals decide not to enforce their rights and take their employers to court”
• The qualifying period: Raising the period would deter many genuinely wronged individuals from seeking justice, the TUC claimed. “In such cases it can be vital for employees to be able to clear their name, especially where they have been dismissed for alleged capability or conduct reasons on often flimsy grounds,” it added. “Having such a reason stated for dismissal can seriously impair the person's ability to find future work, can reduce their earning potential, and irreparably damage their careers.”

TUC General Secretary Brendan Barber said: “At the heart of any change to the tribunal system has to be the desire to make it more effective at delivering justice to the thousands of people who every year are wronged at work.

“While employer groups complain that tribunals are costing them too much, they seem to have lost sight of the fact that if firms treated their staff as they are meant to, few would ever find themselves taken to court.”

The TUC chief added: “When things go wrong at work, it's better for everyone concerned that the problem is resolved within the workplace, which is why mediation and the assistance provided by unions and ACAS is so invaluable. It's no accident that employers who work with unions are much less likely to find themselves in front of a tribunal than firms where there are no unions.

“The government should stand firm in the face of the intense employer lobbying seen in recent weeks and leave employment tribunals to continue holding rogue employers to account and delivering justice for all workers who have been discriminated against or treated unfairly.'