Leeds law firmWinston Solicitors LLPhas expressed concern over new charges of up to £1,200 which will affect employees who want to take their employer to an employment tribunal.
The new employment tribunal charges which came into force on 29th July 2013 mean that workers claiming for unfair dismissal and discrimination will be charged £250 for lodging a claim and another £950 if the case proceeds to a hearing. Respondents who want to enter into judicial mediation will be charged £600.
Critics say the new fees could adversely affect the most vulnerable members of the workforce and would give employers less of an incentive to abide by legal obligations because the chances of them being taken to a tribunal will be cut. The TUC says the fees are good news for Britain’s worst bosses because they will make it easier for employers to get away with appalling behaviour. However, the CBI and the Federation of Small Businesses welcome the change, claiming it will significantly reduce the number of speculative or weak claims.
Paul Grindley, former head of employment at Winston Solicitors, shares reservations about the introduction of the fees on behalf of claimants. He said: “The problems that I can foresee for claimants are not only the costs of lodging a claim, but in the event that a claimant qualified for a fee remission, the cost of funding assistance with associated extensive paperwork will also act as a deterrent. I expect an overall decline in lower value cases.
However, he added "that most higher value claims are likely to be unaffected by the fees and many respondents may actually find an increase in the cost of settlement as claimants will not want to settle a claim unless an additional amount is paid as part of the agreement in relation to the costs they have incurred".
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