Employment tribunal cases spike after fees deemed unlawful

Since fees for employment tribunals were ruled unlawful by the Supreme Court in July 2017, the number of single claims has risen by 90% in the period from October to December 2018. According to newly published Ministry of Justice statistics, this dramatic rise has also seen the backlog of single claims increase by 66%. In addition, the number of multiple claims, where several employees make a claim together, has increased by 467% in this period.

Fees were introduced by government in 2013 in an attempt to cut the number of malicious or weak cases. However, a 79% drop in cases over three years led to calls to scrap fees in the interests of workers having fair access to justice. The latest quarterly report on employment tribunal cases confirms the prediction that the number of claims would rise in the wake of the Supreme Court’s ruling, as government takes steps to abolish fees and refund payments.

Peter Woodhouse, Partner and Head of Business Sector at national law firm Stone King, says: “As expected, with fees abolished, the number of employment tribunal cases brought has dramatically increased. This surge in claims may pose a significant risk to employers, who may suddenly be faced with multiple claims at once.

“By far the best way to deal with an employment tribunal is not to have one. All employers should regularly risk assess their policies and their business decisions for employment implications. Then, if an employment tribunal is inevitable, at the very least it will not be a surprise.”

Stone King’s lawyers and HR consultants regularly assist clients in these processes and provide representation at employment tribunals. To view the Ministry of Justice report, please follow the link.

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