The Government is consulting on reinstating Employment Tribunal fees, sparking debate.
- Unions and advocacy groups express concern over a proposed £55 fee for tribunal claims.
- The introduction of fees in 2013 previously led to a significant drop in cases brought to tribunal.
- The potential reintroduction of fees highlights ongoing issues with access to justice and workplace dialogue.
- Emphasising mediation and communication could mitigate reliance on tribunals.
In a move that has sparked considerable debate, the Government is consulting on the potential reinstatement of fees for individuals wishing to bring Employment Tribunal claims. This has raised concerns among unions and advocacy groups, such as the TUC and Citizens Advice, who argue that a proposed fee of £55 could deter many employees from lodging valid claims. These groups contend that such fees provide an opportunity for unscrupulous employers to exploit workers, particularly when coupled with a general lack of awareness among employees regarding their rights and an under-resourced tribunal system that results in delays and dissatisfaction.
Historically, the introduction of fees in 2013 led to a 70% decline in the number of cases brought before Employment Tribunals. However, following a successful legal challenge by Unison, these fees were abolished, which resulted in a substantial increase in claims, doubling in some regions. This increased demand highlighted significant challenges within the Employment Tribunal system, including difficulties in recruiting sufficient judges to manage the caseload effectively. The Ministry of Justice’s current proposal includes a fee remission scheme to assist those unable to pay, distinguishing it from the original Supreme Court decision on fees.
Employment Tribunals are intended to be a last resort option for resolving disputes between employees and employers. However, many cases arise from inadequate people management skills and a lack of effective, informal processes within organisations for addressing issues. Advocates suggest that promoting mediation as a primary strategy in policy and human resources strategy could improve workplace culture and employee relations, thereby reducing the need for tribunals. Mediation can help resolve personal and sensitive workplace conflicts without the inequalities associated with legal representation and acknowledges the complex nature of workplace disputes.
Workplace experts also emphasise the value of fostering a positive organisational culture where open communication is encouraged. This involves creating an environment where employees feel comfortable discussing problems and admitting mistakes. Viewing conflict as an opportunity for growth, rather than something to be avoided, can significantly reduce the incidence of formal grievances. Implementing mediation as a standard approach for addressing minor conflicts is crucial in this endeavour.
Additionally, a Psychological Safety Index (PSI) tool can provide valuable insights into employee attitudes and relationships within the workplace. By assessing risk tolerance, the openness of conversations, willingness to help, and inclusivity, organisations can develop a framework for ongoing personal development and address behaviours that may have previously caused issues. This structured approach can lead to a culture of trust and respect, ultimately enhancing employee relations and reducing reliance on formal dispute resolution mechanisms such as Employment Tribunals.
The debate over Employment Tribunal fees underscores the critical need for improved communication and mediation strategies in the workplace.
