Dec 29
Government Considers Introducing Employment Tribunal Fees
2011 at 11.12 am posted by Nathalie Stewart - Employment Law Solicitor
Proposals have been put forward to introduce costs for bringing a claim to an Employment Tribunal. This means that in future it could be costly for you to try and enforce your employment law rights.
The government are proposing to charge up to £1,750 to anyone wishing to issue a claim with add on fees for the hearing and various applications. This will bring the Employment Tribunal more in line with the County Court where fees are charged as a matter of course for Claimants.
The main reasons given for the changes are to encourage new employment amid fears of litigation by employers, to discourage frivolous or speculative applications and to save taxpayers money.
The big problem is that the range of claims that can be made have all been created by legislation and provide genuine protection of your employment rights. The likelihood of you being able to fund a claim against your employers (particularly in cases where employment has been terminated) reduces this protection. There are already procedures in place for frivolous actions to be struck out, including a costs sanction for issuing these claims without merit.
A better procedure would surely be to award costs and hearing fees against the unsuccessful party after the event. This would dissuade employees from issuing claims that were weak and dissuade employers from defending the indefensible without much risk of sanction.
While the new costs may discourage some from looking at commencing an employment law claim it will heighten the importance of ensuring you take appropriate employment law advice before starting a claim against a former employer.
The higher costs mean that you should consult with one of our employment law solicitors first. We can make sure you get the right advice before spending a lot of money starting a claim that may have very little chance of success.
The consultation by the government will be ongoing until 6th March 2012, and we will keep you informed of any update.
If you would like advice from specialist Employment Law Solicitors please contact us. You can telephone us on 01482 223693 or visit the offices of Myer Wolff Solicitors in Hull at King William House, Lowgate, Hull, HU1 1YE.