Brendan Barber Warns On Employment Tribunal Plans

Brendan Barber Tribunals

PA/The Huffington Post UK   First Posted: 20/01/12 07:06 GMT Updated: 20/01/12 07:06 GMT

Plans to charge to take claims to employment tribunals will lead to "chequebook justice", TUC leader Brendan Barber warned on Friday.

Barber claimed government proposals to introduce a minimum fee will put workers off making a claim.

Employees will have to pay a minimum of £600 and possibly as much as £1,750 to have a discrimination claim heard at a tribunal, said Barber.

He will tell a conference in London: "Our priorities over the coming year must be to defend legal rights and access to justice, and why we must resist draconian government plans to charge people for using employment tribunals.

"This is chequebook justice, pure and simple, and is a profoundly regressive step. As so few discrimination claims succeed at tribunal anyway, many potential claimants, particularly those who lack the support of a union, would be put off from making a claim, giving a green light to unscrupulous employers to discriminate at will. That's something that ought to concern everyone who cares about justice, fairness and equality."

The government has launched a consultation on introducing charges, suggesting an initial fee of between £150 and £250 for a claim, with an additional fee of £250-£1,250 if it goes to a hearing, with no limit to the maximum award; or a single fee of between £200 and £600, but this would limit the maximum award to £30,000, with the option of an additional fee of £1,750 for those who seek awards above this amount.

The government said there were 218,100 claims to employment tribunals in 2010-11, a 44% increase on 2008-09, with the cost to the taxpayer rising from £77.8 million to £84 million over the same period.

Justice Minister Jonathan Djanogly said: "Currently, the UK taxpayer bears the entire £84 million cost per year of resolving other people's employment disputes at tribunals. This is not sustainable.

"We believe that people should pay a fair amount towards the cost of their case. Fee waivers will be available for people on low incomes to protect access to justice.

"Our proposed fees will encourage businesses and workers to settle problems earlier, through non-tribunal routes like conciliation or mediation, and we want to give businesses - particularly small businesses - the confidence to create new jobs without fear of being dragged into unnecessary actions."

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Plans to charge to take claims to employment tribunals will lead to "chequebook justice", TUC leader Brendan Barber warned on Friday. Barber claimed government proposals to introduce a minimum fee ...
Plans to charge to take claims to employment tribunals will lead to "chequebook justice", TUC leader Brendan Barber warned on Friday. Barber claimed government proposals to introduce a minimum fee ...
 
 
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03:21 PM on 01/20/2012
Another nail in the coffin of equal justice for all
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11:04 AM on 01/20/2012
Is this not similar to the small claims court. Where if you want to bring a court case then you file your complaint and pay some money, the court processes it and if the other party does not contest it the court awards you damages up to a certain limit. This could stop frivolous cases, if the unions think they can win let them put the money up or take in out of union fees. If a private issue then if you think you have a genuine case £600 is nothing.
03:20 PM on 01/20/2012
Not quite the same. 1. The fees proposed are far greater than the Small Claims. 2. In employment tribunal all the applicants will most likely be out of work and therefore on either benefits or no money coming in. 3. Not all employment tribunals end with a payment being made to the wronged party. Some just get an offer of their job back with no recompense for the lost time. 4. Not everyone is in a union to stump up the fees.

It also can take up to 18 months for an employment tribunal case to come to the end. In 18 month on basic benefits £600 to £1,500 will be too much to be able to pay.
10:47 AM on 01/20/2012
Typical justice only for those who can afford it.
10:15 AM on 01/20/2012
Martins comment below is absolutely correct. The 'tribunal' system which mostly consists of a lone sitting semi-retired part-time 'Judge' is farcical and is already chequebook injustice where those who can afford to hire a legal team (the employers), place an army of lawyers up against ex-employees who usually can'y afford any representation at all and low and behold, the Judges listen to whatever the barristers and laweyrs tell them. It is a kangaroo court system. The tribunals should actually be scrapped or turned into a hearing where you have employee against employer without any lawyers allowed in ther at all. Equal footing for both parties, so to speak. Until then, those with the biggest chequebook will continue to win. Avoid it and go to your local County Court. Judges there are far more professional and qualified.
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