TRICIA PHILLIPS

The Supreme Court has ruled that Employment Tribunal fees, introduced by the Government in 2013, are unlawful and discriminatory against women. The ruling affects every employee and business in the country. The fees from £160 to £1,200 attracted a great deal of negative attention when they were introduced, with many claiming the fees restricted access to justice for many thousands of people.

Allison Whiston, partner at DAS Law, says: “We will never know how many people were discouraged from issuing claims against their employer because of the financial barrier.

“What we do know is that the Employment Tribunal saw a 70% drop-off of claims since the introduction of fees.“

The Supreme Court also ruled that the fees had a discriminatory impact on women who are more likely to bring claims for pregnancy or maternity discrimination, and had to pay the higher fee to bring a claim. Allison says: “There is no longer any financial barrier to access justice.”

People wishing to pursue a claim against their employer typically have three months to issue a claim in the Employment Tribunal, but they must first enter into ACAS mandatory conciliation with their employer to try to resolve their dispute. If the dispute cannot be resolved in six weeks, a claim can then be issued in the Employment Tribunal.

We’re now likely to see an increase in claims, and employers will want to actively engage in the ACAS conciliation service to try to solve disputes before proceedings are issued against them.