Tribunal fees challenge
By Guy Lamb
This month will see one of the biggest shake-ups of the employment law landscape for decades, as fees will be charged to bring claims in the employment tribunal for the first time. Fees are due to be introduced in respect of all claims commenced on or after 29 July 2013. The tribunal fee will be paid in two stages — an issue fee and a subsequent hearing fee — and will depend on the type and complexity of the claim and the number of claimants.
DLA Piper will be publishing a Be Alert later this month with full details of the fee system and what this will mean for employers and employees. However, in the meantime, the future of fees has been called into question as the trade union Unison is challenging the decision by the Ministry of Justice to bring in fees by calling for a judicial review.
Unison is arguing that, contrary to EU law, by bringing in fees the government will make it virtually impossible for a worker to exercise his or her rights under employment law. The new fee regime will impose fees that may be greater than the expected compensation, even if the claims were successful. Many of the claims with which the tribunals deal are for small amounts of unpaid wages or holiday pay…
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