As most of you are aware , it is currently free for an individual to bring a claim to an employment tribunal (ET) with the cost of tribunals being borne by the tax payer. As employers you will also be aware of the cost of defence at ET. We have previously reported a serial claimant who has (mis)used the court system, it would seem, to generate income.
It has to be good news for business owners that the Ministry of Justice has opened up consultation to seek opinion about the proposed claim charging system. Two options are set out, with various fees and categories in each option, and the fees range from £150 to £1,750.
We are certainly pleased to see that steps are being taken that may make employees think twice before making a vexacious claim – which is often settled by an employer who had done no wrong, but decided pragmatically that it’s cheaper than going to court. We’re also pleased to see a withdrawal fee being put forward which should also go some way to deter spurious claims.
This is your chance to have your say! If you think the current ET system is flawed – then go to the Ministry of Justice website and make your points. The consultation is open now, and closes on 6 March.
Rest assured, we have fully participated in the consultation that we reported last year but the more employers that speak up the more powerful the voice is.
As ever, if you do have worries about a potential ET claim being brought against you (it’s always better to try to manage it at that stage), or you have received an Employment Tribunal ET1 claim form, then get in touch with us as soon as you can. Call the office on 0845 463 3231 or email us and we’ll ring you back. If you do nothing else, read out Top Tips to avoid a claim.