The Journal

Tribunal fees a barrier to justice

- LIZ BLACKSHAW Liz Blackshaw is regional secretary of the TUC

THE whole trade union movement was united in dismay last week when the Government announced its plan to revive a regressive policy: the reintroduc­tion of Employment Tribunal fees in England and Wales.

Employment Tribunals are our workers’ courts, where employees have been able to take examples of abuse and injustice since 1964. They provide a crucial avenue for employees to challenge unfair practices and discrimina­tion but are now under threat, as fees will deter many from seeking the justice they rightfully deserve.

It’s not the first time such an attempt has been made. Between 2013 and 2017, the introducti­on of fees led to a sharp decline in the number of cases. This was evidently not a reflection of a sudden improvemen­t in workplace relations, but an indicator of the barrier these fees posed to accessing justice.

In 2017, a Unison union legal challenge made its case to the Supreme Court: arguing that justice should be accessible to all, regardless of their financial situation. The court rightly quashed the fees, recognised the obstructio­n, and deemed them both unlawful and unconstitu­tional.

Now, in 2024, the government proposes to reintroduc­e fees under the guise of ‘modesty’ and ‘efficiency’. However, the underlying issues remain unchanged. These fees, even if lower than before, pose a significan­t barrier, especially to those in low-wage sectors most in need of these tribunals.

The very existence of fees, regardless of their amount, contradict­s the essential principle of free and fair access to justice – and leaves the door open to raising fees in the future. The Government’s argument that this is in line with fee structures of other courts and tribunals is not sufficient justificat­ion.

The nature of employment disputes is unique, involving individual­s challengin­g more powerful employers who have staff and resources to back up their case. Imposing financial barriers in such scenarios disproport­ionately affects those with less, tilting the scales of justice. The proposed fee structure also risks indirectly discrimina­ting against women, BAME, LGBT+ and disabled people, who are more likely to bring complex claims subject to higher fees.

The Government shouldn’t be allowed to resurrect a barrier to justice and deterrent to those challengin­g unfair and discrimina­tory practices in the workplace. The cost of living continues to rise, and the Government’s focus should be on strengthen­ing workers’ rights and protection­s.

Instead, they have wasted time and public money with ideologica­l attacks on workers’ basic rights, from tribunal fees to the right to strike. Millions of working people will make their judgement on that record at the next election – the Government should consider that carefully before pressing ahead with yet more unjust and unfair plans.

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