11.07.2015 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Charg<strong>in</strong>g</strong> <strong>Fees</strong> <strong>in</strong> <strong>Employment</strong> <strong>Tribunals</strong> <strong>and</strong> <strong>the</strong> <strong>Employment</strong> Appeal Tribunal Summary <strong>of</strong>responsesB. Responses related to Option 1177. Two questions specific to Option 1 were asked:Question 5 – Do you th<strong>in</strong>k that charg<strong>in</strong>g three levels <strong>of</strong> fees payable at twostages proposed under Option 1 is a reasonable approach? If not, pleaseexpla<strong>in</strong> why.178. There were 111 replies to question 5. Overall around a third <strong>of</strong> respondentsagreed that this was a reasonable approach, with almost 75% <strong>of</strong> bus<strong>in</strong>essrespondents agree<strong>in</strong>g with this proposal. All o<strong>the</strong>r groups disagreed.Question 15 – Do you agree with <strong>the</strong> Option 1 fee proposals? If not, pleaseexpla<strong>in</strong> why.179. 126 replies were received to this question. Around 20% <strong>of</strong> respondentssupported <strong>the</strong> Option 1 proposals. Of <strong>the</strong> 80% who disagreed, a largepercentage <strong>of</strong> <strong>the</strong>m did so on <strong>the</strong> basis that <strong>the</strong>y objected to <strong>the</strong> pr<strong>in</strong>ciple <strong>of</strong>fees <strong>and</strong> for reasons expla<strong>in</strong>ed <strong>in</strong> <strong>the</strong> questions above. Some positivecomments were received, however, <strong>in</strong>clud<strong>in</strong>g <strong>the</strong> follow<strong>in</strong>g from RBS PlcMentor Services:Of <strong>the</strong> two options presented, Option 1 has <strong>the</strong> benefit <strong>of</strong>align<strong>in</strong>g charges more closely with <strong>the</strong> likely costs <strong>of</strong>process<strong>in</strong>g claims, which will appear transparent <strong>and</strong> fair toTribunal usersOption 1 will also discourage claimants from add<strong>in</strong>ggroundless <strong>and</strong> vexatious discrim<strong>in</strong>ation claims to what areessentially unfair dismissal claims, without mak<strong>in</strong>g it appearpunitively expensive to pursue genu<strong>in</strong>e discrim<strong>in</strong>ationclaims.180. O<strong>the</strong>r supportive comments <strong>in</strong>cluded:The separate hear<strong>in</strong>g fee should encourage discussions <strong>of</strong> settlementbefore large costs have been <strong>in</strong>curred <strong>and</strong> focus both claimants' <strong>and</strong>respondents' m<strong>in</strong>ds on <strong>the</strong> costs <strong>in</strong>volved <strong>in</strong> pursu<strong>in</strong>g <strong>the</strong> case.Option 1 is <strong>the</strong> simpler option <strong>and</strong> <strong>the</strong> simpler option suits all users <strong>of</strong><strong>the</strong> employment tribunals.The two stage fee carries additional benefits <strong>and</strong> is generally preferredto a s<strong>in</strong>gle fee.Our consideration <strong>of</strong> responses181. In reach<strong>in</strong>g <strong>the</strong> conclusion to adopt Option 1 we have considered closely all <strong>the</strong>comments from respondents <strong>and</strong> as a result have made amendments to <strong>the</strong>policy as noted earlier.43

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!