Employment tribunal fees unlawful, Supreme Court rules

TJM

TJM

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I agree, it's just going to be the next wave of PPI/holiday sickness/Solar panel/delayed flights claims
These fees have only been required for the past few years while the employment tribunal system has been in operation for decades. If the lack of fees was going to cause any problems, they would have happened already and the government would have wheeled out the evidence of them in court. But they didn't because there isn't any.
 
Soldato
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If they have no ammunition then employers have nothing to worry about. :)

Of course they do. If they have done nothing wrong it doesn't stop a "scroat" bringing a vexatious claim that costs the employer to defend. Just because an employer is right doesn't make the process free (either in money or time). That's the entire point!
 

Deleted member 66701

D

Deleted member 66701

I can quite confidently say, they are, knowing several people who have done it.

And I can quite confidently say, there aren't, having represented 11 people at employment tribunals.

It seems our anecdotal evidence is at an impasse.
 

Deleted member 66701

D

Deleted member 66701

These fees have only been required for the past few years while the employment tribunal system has been in operation for decades. If the lack of fees was going to cause any problems, they would have happened already and the government would have wheeled out the evidence of them in court. But they didn't because there isn't any.

Exactly. Their justification for the fees was to reduce vexatious claims. However, Unison and the other unions provided evidence to the court that problems with vexatious claims were almost non existent with the majority being filtered out at the pre-hearing stage.

ET claims have always had fees associated with them to cover admin costs etc, any fee larger than this admin cost is simply functioning as a deterrent. The real reason for the introduction of fees was to deter employees from exercising their employment rights, which the court realised and thus ruled them unlawful.
 
Soldato
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How on earth are they going to reduce employment tribunal figures now though? They needed those figures to back up future decimation of workers rights.
 
Soldato
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I agree, it's just going to be the next wave of PPI/holiday sickness/Solar panel/delayed flights claims

How/why?

You need a specific set of circumstances to bring an employment tribunal and applications are time bound. It's not as though ambulance chasing lawyers are going to cold call people and encourage them to take out a spurious tribunal about fictional/historic issues with any hope of success.
 

TJM

TJM

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The government has already committed to repaying the money. There isn't much room for middlemen to get involved.
 
Soldato
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If they have no ammunition then employers have nothing to worry about. :)

Of course they do. Even the most ridiculous of claims cost time and money and are often settled out of tribunal just to avoid having to deal with it. It may only be a few hundred here or there for these silly bogus claims but they dont deserve a penny.
 
Soldato
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Of course they do. Even the most ridiculous of claims cost time and money and are often settled out of tribunal just to avoid having to deal with it. It may only be a few hundred here or there for these silly bogus claims but they dont deserve a penny.

Got any evidence for that claim?
 
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Of course they do. If they have done nothing wrong it doesn't stop a "scroat" bringing a vexatious claim that costs the employer to defend. Just because an employer is right doesn't make the process free (either in money or time). That's the entire point!
Treat the 'scroat' properly then. I can tell you have had a few of these brought against you.. i wonder why?
 
Soldato
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Treat the 'scroat' properly then. I can tell you have had a few of these brought against you.. i wonder why?

1) I'm not an employer so your intuition is wrong.
2) How will treating people well solve the issue if a malicious person decides to bring a claim. Or are all employees saints in your eyes?
 
Caporegime
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hmm, dunno about this. They were introduced to try and stop every scroat in existence going to tribunal.

Still, more work for the wife (employment lawyer) :)

Couldn't that largely be solved by having a pre tribunal hearing where the employee has to provide evidence that there may in fact be a case to answer for?

That may already be the case as I don't know too much about these tribunals but it seems a reasonably simple solution to weed out most of the fraudulent/malicious cases before the employer has to spend too much time/money.

Edit: which it appears it is.
 
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Couldn't that largely be solved by having a pre tribunal hearing where the employee has to provide evidence that there may in fact be a case to answer for?

That may already be the case as I don't know too much about these tribunals but it seems a reasonably simple solution to weed out most of the fraudulent/malicious cases before the employer has to spend too much time/money.

Edit: which it appears it is.

Who filters out these fraudulent cases?
 
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