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Employment Tribunal Fees vs Magna Carta

 

The Supreme Court has ruled that Employment Tribunal fees are unlawful, so what does that mean for you as an employer?

It means that all employees have access to ‘justice’ without having to pay any employment tribunal fee.

“We will not deny or defer to any man either Justice or Right”

In a landmark judgement last week the Supreme court cited the Magna Carta, highlighting the need to guarantee access to prompt and fair justice which has been a fundamental right in English Law since 1297.  It was this clause that the Supreme Court hinged upon when ruling that Employment Tribunal fees are unlawful.


This is a complete ‘U’ Turn in previous news regarding Tribunal fees when you consider that in 2013 employment tribunal fees were increased to up to £1,200 in a bid to reduce vexatious claims.  Since then there has been a dramatic drop in the number of claims (79% fewer cases), and in the success rate of claims.  Civil court fees saw a similar increase in 2015, the biggest in recent history, along with massive cuts to legal aid.  Resulting in countless people being unable to afford the professional support they so desperately require when faced with life changing legal proceedings.

What does this mean for individuals?

  • Employment Tribunal Fees will cease immediately
  • Claimants dating back to 2013 will have their fees reimbursed
  • All individuals will have the ability to access ‘fair justice’

What does it mean for employers?

  • Unscrupulous employers will no longer be able to rely on the ‘fee deterrent’
  • Consistency & fairness in the treatment of employers is even more essential than before
  • Claims will still be subject to a sift by an employment judge and ACAS early conciliation

In our opinion, this recent ruling is both right & just.  Yes, there may be an increase in employment tribunal claims.  Yes, there is potentially an increased risk when making tough employment decision.  But there is also the ability to MINIMISE YOUR RISK by building your business with EFFECTIVE HR SUPPORT, with COMPLIANCE TO LEGISLATION at the core of your HR policies & practices.

At C4HR we provide clients with outstanding HR solutions specifically tailored to each organisations individual needs.  Our friendly & reliable team of experts proactively support & develop your people resource, providing clear resolutions to employment issues while you concentrate on growing your business.  Compliance to employment legislation is our priority.


Honesty, reliability & service excellence are at the heart of what we do in delivering a friendly and personal approach ensuring COMPLIANCE TO EMPLOYMENT LEGISLATION and reducing your risk of costly employment mistakes.

There’s never been a more important time to get in touch and secure expert HR support for your business – get in touch today to arrange a meeting

 

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