The House of Commons library has produced a useful briefing paper summarising the background to, and the operation of, the fee system which was introduced in July 2013 for employment tribunals.
The paper starts with the observation that the introduction of fees coincided with a steep decline in the number of cases received. In the year to June 2013, employment tribunals received on average just under 13,500 single cases (brought by one person) per quarter. Following the introduction of fees, the number of single cases averaged around 4,500 per quarter between October 2013 and June 2015 – a decrease of 67 per cent.
The average number of multiple cases (brought by two or more people) received per quarter fell from just under 1,500 to fewer than 500 over the same period, a 69 per cent decrease.
Depending on their financial circumstances, claimants can apply for a remission of their fees. From July 2013 to June 2015, remission applications were made in 20,100 cases (out of a total of 44,400 cases where issue fees were requested), but remission was only awarded in full or on in part in 7,900 cases.
Of the 4,700 applications for remission of the hearing fee up to June 2015, remission was granted in full or in part in 3,500 cases. In most cases where fee remission has been granted, fees have been remitted in full. Out of 7,800 single cases where the issue fee was remitted between July 2013 and June 2015, it was remitted in full in 95 per cent of cases and in part in just 5 per cent of cases.
The paper also looks at the impact of fees on the cost of employment tribunals and found that the net spend by HM Courts & Tribunals Service has reduced from £86.7 million in 2012/13 to £62.4 million in 2014/15.
Neil Todd of Thompsons Solicitors commented "This report once again highlights the brutal impact that the introduction of fees has had on ordinary working people seeking legal redress in employment tribunal cases. They are a barrier to justice. It can only be hoped that the current review being undertaken by the government in relation to the introduction of fees will lead to steps being taken to end the fee regime and the inherent unfairness it perpetuates"
To read the paper in full, go to: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN07081#fullreport