Tribunal fees deterring employees from bringing claims, says Citizens Advice

More than four in five (82%) of people with an employment issue say tribunal fees would make them less likely to bring a claim or deter them from claiming altogether, research by Citizens Advice has indicated.

The research, published last month, also suggested that:

• Over four in ten (43%) of the 361 people with an employment issue surveyed had a household income of less than £46 a week after essential bills.
• Only three in ten (30%) were aware of eligible financial support for those on low incomes. Half who thought they weren’t eligible actually were.
• Over half (53%) didn’t know what they could get out of making a claim and therefore whether it was financially worth their while.
• Four in five (80%) said they raised issues with their employer before taking further action.
• A clear majority would be willing to pay a fee. Nine in ten (90%) said they would not be put off by a £50 fee.

Citizens Advice highlighted government figures which pointed to a 66% reduction in tribunal applications since fees were introduced in July 2013.

The advice service called for employment tribunal fees to be aligned with county court fees to widen access.

“This would stop people losing out to unfair employers and avoid ‘justice tourism’ where people use less appropriate more affordable county courts,” it argued.

Citizens Advice also demanded that the Government promote awareness of the remissions system (and consider renaming it,) as well as commission research to get a clear picture of claims that are weak and spurious.

“The research should establish what proportion of employment tribunal claims can be considered unjustified and what measures could be taken to protect employers without deterring legitimate claims,” it said.

Chief executive Gillian Guy said: “The employment tribunal system is imbalanced against claimants. Fees are pricing people out of basic workplace rights and a justice system that is supposed to protect them…..

“Many claims go unheard as people simply can’t afford to pursue it and there’s a real risk that if they do employers still won’t pay up. Claims are often for amounts below the fees so this leaves some having to concede valid claims.”

Guy urged the Government to “take an urgent look again at how the fee system benefits those workers who feel the prices are a barrier to justice”.

In December trade union Unison vowed to continue its battle over employment tribunal fees after losing a second High Court judicial review over the issue.