Paying to resolve a work dispute

Fees mean people can't afford to pursue cases

Employment tribunal fees are limiting access to justice for workers, according to a study involving researchers at the University of Strathclyde Law School.

The UK government brought in fees in 2013 to encourage business and workers to use mediation rather than a full tribunal hearing and to reduce the burden on taxpayers.

But the fees, ranging from £160 to £1,200, have proved too expensive to many while employers defending claims against them don't have to pay.

Professor Nicole Busby of the Strathclyde Law School says,

"The imposition of fees has been the final straw for some claimants. But even before these fees were in place, tribunals did not provide accessible justice for all.

"Aside from the financial costs, the psychological and emotional damage has left many in mental or physical ill-health. Our legal system allows little opportunity for expressing what actually happened and how it has affected the individual's life, let alone in finding a human-centred solution."

Research findings

The researchers found that:

• many claims are for amounts of no more than £300, for unpaid wages or holiday pay. The fees now mean people are less likely to try and recover this money
• the fees have been set at a level far higher than the £60 currently needed to take a claim to the County Court in England. Just submitting an ET1 form, which enables claims to be lodged, costs between £160 and £250
• if the claim gets to a hearing, the working making the claim must make a further payment of £230 or £950

The researchers have called for the fees to be abolished and for the employment tribunal system to be overhauled.

Informing public policy

Professor Busby and Dr Emily Rose of Strathclyde Law School carried out this study with Professor Morag McDermont of the University of Bristol Law School. 

They worked with six Citizens Advice Bureaux - three in England and three in Scotland - over two years.