The Supreme Court has today (Wednesday) quashed the UK government’s system of fees for employment tribunals.
The case was taken by the UNISON trade union, which successfully argued that the fees – which can be as high as £1,200 per case — prevented many workers from enforcing their employment rights.
Employment tribunals in Wales had fallen by 70% since the introduction of fees. 2,561 individual claims were made before fees were introduced in 2013, but in comparison only 757 were made in the most recent year.
The most common reasons for employment tribunal cases include unfair dismissal, holiday pay, and sex discrimination.
Wales TUC General Secretary Martin Mansfield said:
“This is a massive win for working people in Wales. Congratulations to UNISON for doggedly pursuing this case. Today’s result shows the value of working people standing together in trade unions.
“Low-paid workers across Wales were priced out of justice, even when they’ve been faced with harassment or have been sacked unfairly.
“Tribunal fees have been a bonanza for bad bosses, giving them free rein to mistreat staff.
“The government must now refund all past fees as soon as possible.”
ENDS
Notes to Editors:
- UNISON’s statement is here: www.unison.org.uk/news/article/2017/07/tribunal-fees-victory/
- Figures from August 2012 – July 2013 (prior to fees being introduced) and April 2016 – March 2017 (the most recent figures available):
Region |
Single claims in August 2012 – July 2013 |
Single claims in April 2016 – March 2017 |
% drop |
London |
13,108 |
4,573 |
65% |
Midlands |
8,385 |
2,346 |
72% |
North East |
6,770 |
1,939 |
71% |
North West |
6,072 |
1,869 |
69% |
South East |
8,610 |
2,667 |
69% |
South West |
5,372 |
1,444 |
73% |
Wales |
2,561 |
757 |
70% |
Data source: data.gov.uk/dataset/tribunals-and-gender-recognition-statistics/resource/4218bf13-3f1f-4ad0-bd86-f9466000e0da
- TUC research has shown that this fall was especially high in cases involving part-time work rules (-83%), sexual orientation discrimination (-75%), and unauthorised deductions from wages (-78%). While trade unions often pay the fees for their members, the figures indicate that many workers simply cannot afford to take a case.
Reason for claim |
Claims Jan-Mar 2013 |
Claims Jan – Mar 2016 |
Change |
Working Time Directive |
52,204 |
4,305 |
-92% |
Part time workers regulations |
204 |
21 |
-90% |
Written pay statement |
388 |
66 |
-83% |
Redundancy pay |
3,205 |
636 |
-80% |
Unauthorised deductions from wages |
21,213 |
4,598 |
-78% |
Age discrimination |
810 |
197 |
-76% |
Sexual orientation discrimination |
154 |
38 |
-75% |
Unfair dismissal |
11,041 |
2,867 |
-74% |
National minimum wage |
122 |
34 |
-72% |
Redundancy: failure to inform & consult |
3,635 |
1,028 |
-72% |
Written statement of reasons for dismissal |
212 |
59 |
-72% |
Written statement of terms and conditions |
854 |
253 |
-70% |
Transfer of an undertaking |
255 |
83 |
-67% |
Race discrimination |
1,240 |
435 |
-65% |
Breach of contract |
7,804 |
3,078 |
-61% |
Religion or belief discrimination |
248 |
97 |
-61% |
Sex discrimination |
6,017 |
2,453 |
-59% |
Suffer a detriment / unfair dismissal – pregnancy |
388 |
175 |
-55% |
Disability discrimination |
1,811 |
831 |
-54% |
Equal pay |
7,928 |
5,447 |
-31% |
Source: Tab ET.3: www.gov.uk/government/uploads/system/uploads/attachment_data/file/57542…
- Government research on fall in employment tribunal cases: www.gov.uk/government/consultations/review-of-the-introduction-of-fees-…
Contacts:
Alex Bevan T: 029 2034 7010 M: 07912851929 E: abevan@tuc.org.uk