On Wednesday 29 July 2015 it was the 2 year anniversary of the introduction of Employment Tribunal fees. Not a day for celebration.
Latest statistics from the Ministry of Justice show a 60% reduction in Tribunal cases.
But on a more positive note, on 21 July it was announced that the House of Commons Justice Select Committee will conduct an inquiry into the effects of increased court fees and introduction of tribunal fees. This follows the long awaited announcement in June 2015 that the Ministry of Justice will also review the impact of Employment Tribunal fees.
Could this lead the way to fees being abolished and restoring access to justice?
The MoJ internal review, conducted by civil servants, will gather evidence, data and research on alternative dispute resolution and its impact; volumes and progress of claims including settlements, withdrawals and those that got to a hearing; fee remission data; income from fees; costs incurred in setting up the systems; characteristics of Tribunal users and other evidence. However, it will not take evidence from external bodies and one of the aims is to assess whether the fees regime has successfully transferred costs from the taxpayer to tribunal users. The MoJ will no doubt want to justify its own decision to introduce fees in the first place.
In contrast and with an emphasis on access to justice, the House of Commons Justice Select Committee, made up of 11 cross-party MP’s, will welcome views from external parties and Tribunal/Court users on any aspect of the subject, but is particularly interested in:
- How the increased Court fees and the introduction of Employment Tribunal fees have affected access to justice and how they have affected the volume and quality of cases brought; and
- How the Court fees regime has affected the competitiveness of the legal services market in England and Wales, particularly in an international context.
Submissions must be made by 30 September 2015.
One need only look at the statistics to see that the introduction of fees is blocking access to justice for those who need it. Sex discrimination claims, for example, fell by almost 80% in the first 12 months after fees were introduced. The total number of claims heard between April 2014 and March 2015 was 61,306; down from 105,803 over the same period in 2013/14 and 191,541 in 2012/13, the last 12-month period before the introduction of fees, according to the figures.
The Justice Select Committee review is therefore welcomed with open arms and we can only hope the findings are positive and properly considered by the Government.
In the meantime, Unison’s judicial review challenge is still progressing in the Courts and was heard most recently in June, with a reserved judgment currently awaited.
Daniel Kindell - Associate Solicitor
For further information on Employment Rights please visit our website or call 0033 3344 9603 and ask to speak with our Employment Rights team.
