Cases of sexual discrimination drop sharply as tribunal fees make it ‘impossible’ to challenge harassment

BY JUDITH DUFFY

WOMEN are facing “impossible” barriers to challenge workplace harassment with the number of sex discrimination cases falling sharply after the introduction of fees for employment tribunals, say campaigners in Scotland.

Figures from the UK Government show there were 8,380 sex discrimination cases taken to employment tribunals in 2015-16.

But that is a sizeable drop of nearly 20 per cent from the previous year’s figure of 10,231.

The statistics serves to highlight a continuing trend of a fall in sex discrimination cases – which is also mirrored in other workplace complaints – ever since fees for employment tribunals were first introduced by the UK Government three years ago.

It can now cost as much as £1,200 to obtain a hearing leaving some to brand the system “worthless” if it prevents women from fighting back.

Last week, a major survey by the Trades Union Congress (TUC) and Everyday Sexism Project found that more than half of women have suffered sexual harassment in the workplace – including incidences of groping, sexual advances and inappropriate jokes.

For women and girls aged 16-24, the proportion rose to nearly two-thirds – around 63 per cent.

Emma Ritch, executive director of Scottish feminist organisation Engender, said the number of sex discrimination cases had fallen by 91 per cent in the year immediately following the introduction of employment tribunal fees – and the new statistics show it had continued to fall.

She said: “For many women, particularly those in the lowest-paid jobs, paying £1,200 upfront in fees to get a tribunal hearing is simply impossible.

“This immense barrier to justice has an obvious link with the disturbing sexual harassment findings published earlier this week.

“Most women don’t report sexual harassment to their employer. The tribunal fees regime all but ensures that employers who fail to address toxic workplace cultures can evade their responsibilities with impunity.”

Alastair Pringle, Scotland director of the Equality and Human Rights Commission, said legal rights are “worthless” if there is no access to justice when they are breached.

He added: “This clearly shows that the system is not working and individuals are being priced out of the justice system.

“The Ministry of Justice launched its review into the impact of employment tribunal fees on June 11, 2015, over 14 months ago. We have been calling for the UK Government to publish the results of this review as a matter of urgency and take action to address the financial barriers to accessing justice for women experiencing discrimination.”

Ian Tasker, assistant secretary of the Scottish Trades Union Congress (STUC), said: “The fact that people have to put up £1,200 we always said was going to be a barrier to justice, irrespective of whether it is sex discrimination or any other workplace complaint – and we have been proved right.

“Employment tribunals are about getting justice for the individual – but when judgments are made and widely publicised it acts as a deterrent to other employers and ensures they put their house in order.

“Our concern is that with the drastic reduction in cases, hearings are not taking place. The nature of these