Tribunal fees a barrier to justice
THE whole trade union movement was united in dismay last week when the Government announced its plan to revive a regressive policy: the reintroduction of Employment Tribunal fees in England and Wales.
Employment Tribunals are our workers’ courts, where employees have been able to take examples of abuse and injustice since 1964. They provide a crucial avenue for employees to challenge unfair practices and discrimination but are now under threat, as fees will deter many from seeking the justice they rightfully deserve.
It’s not the first time such an attempt has been made. Between 2013 and 2017, the introduction of fees led to a sharp decline in the number of cases. This was evidently not a reflection of a sudden improvement in workplace relations, but an indicator of the barrier these fees posed to accessing justice.
In 2017, a Unison union legal challenge made its case to the Supreme Court: arguing that justice should be accessible to all, regardless of their financial situation. The court rightly quashed the fees, recognised the obstruction, and deemed them both unlawful and unconstitutional.
Now, in 2024, the government proposes to reintroduce fees under the guise of ‘modesty’ and ‘efficiency’. However, the underlying issues remain unchanged. These fees, even if lower than before, pose a significant barrier, especially to those in low-wage sectors most in need of these tribunals.
The very existence of fees, regardless of their amount, contradicts the essential principle of free and fair access to justice – and leaves the door open to raising fees in the future. The Government’s argument that this is in line with fee structures of other courts and tribunals is not sufficient justification.
The nature of employment disputes is unique, involving individuals challenging more powerful employers who have staff and resources to back up their case. Imposing financial barriers in such scenarios disproportionately affects those with less, tilting the scales of justice. The proposed fee structure also risks indirectly discriminating against women, BAME, LGBT+ and disabled people, who are more likely to bring complex claims subject to higher fees.
The Government shouldn’t be allowed to resurrect a barrier to justice and deterrent to those challenging unfair and discriminatory practices in the workplace. The cost of living continues to rise, and the Government’s focus should be on strengthening workers’ rights and protections.
Instead, they have wasted time and public money with ideological attacks on workers’ basic rights, from tribunal fees to the right to strike. Millions of working people will make their judgement on that record at the next election – the Government should consider that carefully before pressing ahead with yet more unjust and unfair plans.