Labour's employment tribunal fees proposal raises concerns

As discussions emerge around Labour's proposal to impose fees on workers for employment tribunal claims, concerns have been raised about the already strained justice system. Andrea London, Employment Practice Partner at Winckworth Sherwood, commented on the situation, stating, "We already know the Employment Tribunal system in England is in crisis; creaking under the weight of claims."

London illustrated the severity of the backlog: "A relatively simple case being lodged now is being allocated the initial case management hearing late next summer and final hearings anything from 12 months-18 months after that." This indicates a troubling trend in a system already burdened by delays and a growing number of claims.

She further pointed out that while the proposed fee of £55 may not "price workers out of accessing justice," the true issue lies with the existing delays: "The Access to Justice disaster is actually already here given that it presently takes some 2-3 years from filing a claim to reaching a final hearing." The situation is expected to worsen unless significant resources are allocated to manage the inflow of claims.

London articulated skepticism about Labour's ability to address the problem through fees, noting, "Unfortunately, Labour are misguided if they think fees (especially at such a level) will work to balance the expected 15% increase in claims." She anticipates that the reality may see the increase soaring to around 25%, making it clear the system is not equipped to handle this potential surge.

Ultimately, London argues for urgent reforms, insisting that the Employment Tribunal system requires "practical and viable assistance now to prevent it simply from ‘going under’." The situation demands decisive action to manage the growing number of cases effectively while ensuring that workers still have access to justice without added financial burden.