Tribunal reforms will lead to 'chequebook justice', says TUC leader
24th January 2012
Posted by Richard McKenna
The government's plans to introduce a minimum fee to have a discrimination case brought before an employment tribunal are unfair and unequal, Brendan Barber has warned.
The Trades Union Congress (TUC) general secretary has spoken out against the proposals, which could see workers charged as much as £1,750 to have a claim heard.
Under the current system, any employee who feels they have faced discrimination in the workplace can file a claim free of charge within three months of the incident occurring.
However, a government consultation has suggested that future claims could require an initial fee of between £150 and £250, with an additional charge of £250-£1,250 if the claim goes to a hearing.
The second option would be a single fee of between £200 and £600, but this would limit the maximum award to £30,000. Employees who seek awards above this amount would face an additional fee of £1,750.
Mr Barber slammed the plans as "chequebook justice pure and simple" and called the move a "profoundly regressive step."
He added: "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."
According to government figures, 218,100 claims were lodged at employment tribunals in 2010-11, a 44 per cent increase on 2008-09. Over the same period the cost to the taxpayer rose from £77.8 million to £84 million.
Peter Mooney, head of consultancy at Employment Law Advisory Service, has pointed out the reforms could make the current system run more smoothly.
Speaking to the BBC, he said: "It will certainly cost some people, but there are quite a lot of frivolous cases and it does take time to get rid of those through the current system and sometimes you can't get rid of those until you hear it on the day. By then, it has cost employers a lot of money."
However, the TUC believes that this cannot justify the impact the proposed plans will have on some of the most vulnerable people in society.
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