1st March 2024 – After Exploitation joins the Trade Unions Congress (TUC) and others in raising the alarm over proposals to re-introduce employment fees in employment tribunals. We are concerned that this move would introduce an unnecessary barrier to justice, particularly in cases where workers have already been made vulnerable or financially worse-off by exploitative employers.
The joint statement led by the TUC was originally published here.
“As organisations that advocate for workers’ ability to enforce their rights, we strongly oppose the government’s plans to impose fees on people who file an employment tribunal claim.
Following a landmark victory by trade union UNISON, the previous employment fees regime was ruled unlawful by the Supreme Court due to its restriction on access to justice and discriminatory impact.
It appears the government is intent on repeating the mistakes of the past.
We believe reintroducing tribunal fees would block many from lodging worthy claims and give a green light to bad employers to exploit their workers.
There are already considerable barriers to those seeking justice at work:
- An under-resourced employment tribunal system leading to significant delays in cases being heard.
- An under-funded labour market enforcement system that doesn’t have enough inspectors to proactively enforce employment rights.
- Lack of awareness of key employment rights.
- A complicated process for bringing a claim.
- Difficulty in accessing legal support.
- Strict time limits on filing claims.
Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives. Fee exemption procedures are complex and difficult to understand for many, especially within the three months’ time limit for most claims.
Fees are also being levied at a time when rising inflation and subdued wages are putting pressure on family budgets. Access to justice must never be contingent on your ability to pay.
Meanwhile bad employers are being given the go-ahead to undercut good ones, safe in the knowledge they are less likely to face claims in the employment tribunal.
Employment rights are only real if they are enforced. Tribunal fees risk pricing many workers out of workplace justice, especially workers at greater risk of employment law violations such as pregnant workers, disabled workers and migrant workers.
We urge the government to reconsider its plans.
Signatories
Trades Union Congress
Focus on Labour Exploitation (FLEX)
Maternity Action
Pregnant Then Screwed
Young Women’s Trust (Clairee Reindorp, CEO)
Liberty
Mother Pukka, Anna Whitehouse
Inclusion London
BARAC UK
Citizens Advice
Anti Trafficking and Labour Exploitation Unit (ATLEU)
The William Gomes Podcast
After Exploitation
Latin American Women’s Rights Service (LAWRS) for Refugees
Migrant Voice
Kalayaan
Work Rights Centre
Southeast and East Asian Centre (SEEAC)
Kanlungan Filipino Consortium
Immigration Law Practitioners’ Association (ILPA)
Community Policy Forum
Right to Remain
Advice Services Alliance
Anti-Slavery International
Migrants’ Rights Network
Disability Rights UK
Legal Action Group
Protect
Fawcett Society
Your Employment Settlement Service
Just Fair
Labour Behind the Label
Legal Aid Practitioners Group
Highfields Centre
War on Want
The Joint Council for the Welfare of Immigrants (JCWI)
Anti-Trafficking Monitoring Group (ATMG)
Equally Ours
Snowdrop Project
Haldane Society of Socialist Lawyers
Roma Support Group
No Sweat
Free Representation Unit
Hope for Justice
Greater Manchester Law Centre
Joseph Rowntree Foundation
Rights of Women
After Exploitation 