Page 28 - BOSS Today Issue 40

BOSS Today #40 DOWN TO BUSINESS – LEGAL

NAVIGATING

THE ROUNDABOUT

We look at the effects of the introduction, then abolition, of tribunal fees

t BPIF Legal Limited we have tribunal system clearly acted as a major recruited or not replaced when they left
Abeen holding our breath since the disincentive to some claimants. This was or retired. As a result, an already under-
Supreme Court ruled in the case of R possibly a good thing because a number resourced service was even further
(on the application of Unison) v Lord of tribunal claims were, and indeed depleted.
Chancellor in the middle of last year that still are, without merit, but it still cost
employment tribunal fees were unlawful. employers a lot of money and time to Significant Backlogs
First, a brief reminder of how we got defend such claims. As a result, the recent increase in claims
to where we are now. When fees were has regrettably caused a significant
introduced in 2013, they were claimant The Brakes Come Off backlog. Employers need to be aware
loaded, which meant that it was for the It is perhaps unsurprising, then, that that it will now take a lot longer for
disgruntled ex-employee (or sometimes following the abolition of tribunal fees their cases to come on for hearing and
a current employee) to get their bank last year, tribunal claims rose 90%, and that, frustratingly, cases will often be
card out and pay the fee to issue the in the last quarter of 2017, some 8,173 pulled from the list, often at very short
claim at the tribunal, and then go on to single claims were filed with the tribunal. notice, because an employment judge is
pay a further fee, known as a hearing Disposals and outstanding caseloads not available. This needs to be factored
fee. The fees varied, but for the most of single claims increased by 21% and into any employer’s stance in respect of
complex of cases they were about 66% respectively, compared to the same claims and case management.
£1,200. period in 2016. The number of multiple Surprisingly, BPIF Legal have not
In the years following the introduction employment tribunal claims received seen a marked increase in the number
of fees, the number of tribunal claims has gone up by 467%, probably due to a of tribunal claims that members have
lodged plummeted by 79%, and it is number of outstanding holiday cases. instructed them on. It is likely that
pretty much a certainty that there was However, the tribunal service had timely and robust polices and advice
a nexus between the introduction of rationalised resources following the from BPIF Legal have ensured that the
fees and the huge drop in the number earlier massive drop in the number of procedures followed by employers are
of claims. The requirement that a cases: staff numbers were downsized good, and difficult for employees to
claimant should pay to issue in the and employment judges were either not challenge.

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