For those of us who help people to exercise their employment rights it feels as if we are facing a brick wall; one that the government appear determined to make even higher. Changes to the employment tribunal system have crept in almost unnoticed by the general population; changes that erode rights hard fought for over the years. Unfair dismissal claimants now must have 2 years qualifying service (it was one year – introduced under Labour) and shortly they will be subject to a 12 month wages compensation cap. 3rd party liability for harassment is being repealed in discrimination claims as is the ability to serve an equality questionnaire to gain evidence of discrimination. But next week we have the biggest change of all – the introduction of fees for making an employment claim. On 29th July, the fees go live and will cost each claimant up to £1200 to take a case through hearing. Not an insignificant sum of money, certainly enough to prevent many people from pursuing a case against their employer.
The government says that it is about covering the costs paid out of the tax payers pocket, but in reality it seems to be more about letting businesses off the hook. Thousands of people will be excluded from making legitimate claims against their employer – while businesses will be less inclined to abide by their legal obligations. What’s the point when the chances of you being challenged are so much reduced?
But are the Tribunals ready for this change? It appears not. Since centralisation of tribunal administration (yet another recent change), we like many other organisations have noticed the problems with delays in correspondence and hearings. This additional burden is bound to cause even more delays and confusion than before. In fact although the 29th July is almost upon us the law which brings in this change has still not been passed. The new tribunal application form, the process for handling payments and the fee remission systems are all still a mystery….yet the new Employment Tribunal rules which come in the same day specifically require the rejection of any application that does not come in with the fee remission form or the fee…. It is most definitely a case of ‘watch this space’.