Charging Fees in Employment Tribunals and the ... - Ministry of Justice

Charging Fees in Employment Tribunals and the Employment Appeal Tribunal Summary ofresponsesA2. THE EXTENT OF CHARGING47. The consultation proposed that all claim types and appeals made to theemployment tribunals would be charged a fee. Our reasoning was that withappropriate safeguards to protect access to justice this was fair because:The cost of the service is borne across all users;It encourages all users to make informed decisions when decidingwhether to make a legal claim or use an alternative dispute process toresolve their dispute; andIt reflects the long-standing approach taken in the courts system.48. We sought the views of respondents on the approach not to exempt any typeof claim from fees. There was only one question asked in respect of the extentof fee charging as the same proposal was made under both Options 1 and 2.Question 2 – Do you agree that all types of claims should attract fees? If not,please explain why.49. We received 124 comments in answer to this question, with around 25%agreeing that all types of claims should attract a fee. Business groups cameout almost exclusively in support of charging for all claim types whereas thelarge majority of advisory, claimant, legal and other respondents were againstcharging for all claim types. In support of charging for all claim types, theInstitute of Directors said:… the cost of the service should be borne across all users,that all users will make informed decisions about whether togo to an Employment Tribunal, and because it reflects thelong-standing approach in the civil courts.50. The types of claims that respondents suggested ought to be exempt from feescan be broken down broadly into the following main groups:i) Low or zero value money claims such as National Minimum Wageclaims, claims where no financial remedy is sought, and holiday or noticepay claims. This was on the basis that these are low value claims, oftenmade by the most vulnerable in society, who are entitled to minimumstatutory requirements. It was argued that such was the level of fees therewould be little merit in bringing a low value claim. In the case of theNational Minimum Wage, a reduction in the numbers of claims made wasperceived as encouraging employers to pay employees below the legalrequirements. On this point, Employment Judges in Scotland responded:Employment Judges in Scotland consider that there is asignificant risk that if a claim is for a small amount of moneythen a claimant will be discouraged from pursuing thatclaim, even although they are legally entitled to the sumsdue. For example, say an individual is entitled to one15