The Law Society (LS) have sent a letter to the Ministry of Justice Team set up to conduct a review of employment tribunal fees. The LS’ members have told them that claimants with strong cases see the fee as a significant deterrent to pursuing a complaint. The LS’ view is that fees have harmed access to justice and that since July 2013 many people have not been able to enforce their employment rights. This is because:

• ET fees are high compared to average earnings;
• ET fees are high compared to likely awards;
• many of those who win will not be reimbursed the fee; and
• the remission system is confusing, uses complicated language, and is hard to navigate.

The LS have heard of examples where respondents have refused to consider engaging in early conciliation or settling the matter before it reaches the tribunal because they wanted to “call the claimant’s bluff” on whether the employee would pay the fee. The LS say that discouraging employees from pursuing valid claims does not just harm the individual, it also puts many well run businesses at a competitive disadvantage compared to the minority who adopt a “less careful” attitude to employment law.

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