Good bosses want justice access

New research shows deep unease among employers over controversial tribunal fees brought in by the government just over a year ago.

In the face of trade union protests ministers pressed ahead with prohibitive employment tribunal fees, effectively denying workplace justice to millions. The fees are set at ÂŁ250 to issue a claim and ÂŁ950 for a tribunal hearing, with appeals costing up to ÂŁ1,600.

Staggeringly the number of employees making claims has dropped by 70 per cent since the fee system was introduced, leaving many staff with a genuine grievance simply unable to make claims.

Deep unease

Now the findings of a poll of 1000 employers carried out for the Chartered Institute of Personnel and Development – the professional body for human resources – has shown deep unease at the situation among employers.

In total 36 per cent of those asked felt the fees should be either significantly reduced or abolished altogether, with another 27 per cent undecided. A slim majority – 38 per cent – voted for no change.

Union protests plus the sharp fall in claims has forced a rethink. Business secretary. Vince Cable, has launched a review of tribunal fees as a matter of urgency, while Labour has promised to revisit the issue if it wins the general election.

Frances O’Grady, the TUC general secretary, recently described employment tribunal fees as a “huge victory for Britain’s worst bosses.”

She said, “By charging up-front fees for harassment and abuse claims the government has made it easier for bad employers to get away with the most appalling behaviour,” adding, “tribunal fees are part of a wider campaign to get rid of workers’ basic rights. The consequence has been to price low-paid and vulnerable people out of justice.”

An ongoing legal battle to overturn the legislation is also likely to end up in the court of appeal.

Howard Beckett, Unite’s executive director of legal services, says the whole issue comes down to “access to justice and fairness”.

“Any government’s first consideration for a legal system should be to facilitate access to justice,” he said. “Tribunal fees are designed to prevent workers from accessing justice – justice that is needed to prevent workers from being unfairly dismissed or discriminated against.”

 
Beckett thinks the poll of employers shows that good employers have no truck with legislation preventing bad practice and feels ministers must wake up to that.

“This government looks to protect the worst practice of bad employers,” he said, adding, “Unite has stood by our members in these difficult times.

 
“Once again we are sending the message that all workers should be in an organised trade union to ensure they get best representation, and justice, when they most need it.”

 
Even employers, it seems, can see the sense in that assertion.