Archive: How Tory plans will prevent the poor from accessing justice

*Published on Liberal Conspiracy in October 2011

In his speech to the Conservative conference, George Osborne confirmed the Tories’ plans to charge for bringing employment tribunal claims. Under the proposals, workers will have to pay between £150 and £250 to enter a claim and £1,000 for the claim to be heard. The money will only be recoverable if the employee wins his or her case.

These proposals are ostensibly designed to reduce spurious and vexatious claims, but they will do far more than that: they will make it difficult or impossible for vulnerable people to bring claims at all.

Let’s take the example of a cleaner on the minimum wage who is sacked because of the colour of his skin.

How is he meant to get together over £1,000? It is irrelevant that the money is potentially refundable if claimants are unable to pay it in the first place.

Low-paid, non-unionised workers will be most affected by the fees. They also represent the group most likely to be treated unfairly by employers. Women in particular will be unfairly affected. Each year thousands of women in the UK are forced out of their jobs for being pregnant. How many of these women will be able to bring their employers to justice if the Conservatives have their way?

Having worked in employment law I can vouch that there are many spurious claims brought by employees which are very costly for employers. But there are ways to deal with these claims without preventing genuine claimants from accessing justice.

Employment judges could be instructed to use their existing power to throw out weak cases before they reach tribunal. The payment into court system could be used with more vigour (this is where judges order claimants with weak cases to make a payment into court, refundable only if they win). Or claimants could be required to pay a fee in proportion to their income. These are measures that would deter trouble-makers without prejudicing the genuinely mistreated.

If implemented, the flat fee of £1,000 plus is likely to lead to more discrimination and unfair treatment as employers realise that many of their workers cannot afford to bring them to court. Once again, Tory policy targets the poorest and most vulnerable in our society.