
Government proposals to resurrect employment tribunal fees—albeit at a modest rate compared to last time—could spectacularly backfire, ending in a second ‘unlawful’ ruling
In this week’s NLJ, Catrina Smith, Chair of the Legislative and Policy Committee of the Employment Lawyers Association, discusses the potential for a re-run of the high-profile Unison case of 2017.
Smith identifies a multitude of disadvantages for all concerned, not least the fact ‘the government has also acknowledged that the fee scheme will cost more to administer and implement than it will raise’. It didn’t work out well for the government in 2017, so why would ministers try again?
Ultimately, however, the people with most to lose should the proposals go ahead are employees and ex-employees with valid claims should they be deterred from bringing them by this extra financial hurdle.