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Joint statement against employment tribunal fees
As organisations that advocate for workers’ ability to enforce their rights, we strongly oppose the government’s plans to impose fees on people who afile an employment tribunal claim.
Following a landmark victory by trade union UNISON, the previous employment fees regime was ruled unlawful by the Supreme Court due to its restriction on access to justice and discriminatory impact.
It appears the government is intent on repeating the mistakes of the past.
We believe reintroducing tribunal fees would block many from lodging worthy claims and give a green light to bad employers to exploit their workers.
There are already considerable barriers to those seeking justice at work:
- An under-resourced employment tribunal system leading to significant delays in cases being heard.
- An under-funded labour market enforcement system that doesn’t have enough inspectors to proactively enforce employment rights.
- Lack of awareness of key employment rights.
- A complicated process for bringing a claim.
- Difficulty in accessing legal support.
- Strict time limits on filing claims.
Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives. Fee exemption procedures are complex and difficult to understand for many, especially within the three months' time limit for most claims.
It is also being levied at a time when rising inflation and subdued wages are putting pressure on family budgets. Access to justice must never be contingent on your ability to pay.
Meanwhile bad employers are being given the go-ahead to undercut good ones, safe in the knowledge they are less likely to face claims in the employment tribunal.
Employment rights are only real if they are enforced. Tribunal fees risk pricing many workers out of workplace justice, especially workers at greater risk of employment law violations such as pregnant workers, disabled workers and migrant workers.
We urge the government to reconsider its plans.
Signatories
- Trades Union Congress
- Focus on Labour Exploitation (FLEX)
- Maternity Action
- Pregnant Then Screwed
- Young Women’s Trust (Clairee Reindorp, CEO)
- Liberty
- Mother Pukka, Anna Whitehouse
- Inclusion London
- BARAC UK
- Citizens Advice
- Anti Trafficking and Labour Exploitation Unit (ATLEU)
- The William Gomes Podcast
- After Exploitation
- Latin American Women’s Rights Service (LAWRS)
- forRefugees
- Migrant Voice
- Kalayaan
- Work Rights Centre
- Southeast and East Asian Centre (SEEAC)
- Kanlungan Filipino Consortium
- Immigration Law Practitioners’ Association (ILPA)
- Community Policy Forum
- Right to Remain
- Advice Services Alliance
- Anti-Slavery International
- Migrants’ Rights Network
- Disability Rights UK
- Legal Action Group
- Protect
- Fawcett Society
- Your Employment Settlement Service
- Just Fair
- Labour Behind the Label
- Legal Aid Practitioners Group
- Highfields Centre
- War on Want
- The Joint Council for the Welfare of Immigrants (JCWI)
- Anti-Trafficking Monitoring Group (ATMG)
- Equally Ours
- Snowdrop Project
- Haldane Society of Socialist Lawyers
- Roma Support Group
- No Sweat
- Free Representation Unit
- Hope for Justice
- Greater Manchester Law Centre
- Joseph Rowntree Foundation