Leading trade unionists, lawyers and academics have called on the government to abolish employment tribunal fees, saying the controversial policy is denying workers access to justice.

In an open letter to the government, published in The Guardian today and signed by the General Secretaries of the TUC and Unite, the group of signatories emphasise that claims lodged between April and June this year have fallen by 81 per cent compared to the previous year.

It draws on research by the Universities of Bristol and Strathclyde with users of Citizens Advice Bureaux which found no evidence of vexatious claims or widespread abuse of the system – the reason cited by minsters for the introduction of the fees.

The letter follows the news that Unison will appeal the High Court's decision to reject the union’s legal challenge to the fees charged to claimants taking their employer to tribunal - which can be up to £1,200 - on the grounds that the introduction of fees would deny access to justice for workers and had a disproportionate impact on women.

Full copy of the open letter to the government:

Access to Justice in the Employment Tribunals

Since July 2013, when the government introduced fees for anyone taking their employer to an employment tribunal, there has been a huge drop in the number of claims. This is denying workers access to justice – in particular women with discrimination claims. Official statistics show an 81% drop in claims lodged between April and June this year, compared to the same time last year. All types of discrimination claims, for which a fee of up to £1,200 is now payable, have fallen; the worst affected being sex discrimination cases, which are 91% down. Even ‘straightforward’ claims for unpaid wages attract a fee of up to £390 which may, in some cases, be more than the amount sought by the worker.

Despite ministers’ assertions that the change was needed to prevent unfounded and vexatious claims, no evidence has emerged that shows that the drastic decline is attributable to the falling of such claims. On the contrary, evidence gathered by the TUC, Citizens Advice Scotland, Citizens Advice (England and Wales), the Law Society of Scotland and the Universities of Bristol and Strathclyde show that workers with genuine cases are being prevented from lodging their claims simply because of their inability to pay the fees. 

This effectively means that a growing number of unlawful employment practices are going unpunished. When ministers say it’s not right that taxpayers should foot the bill for employment tribunals, they overlook the fact that the workers bringing claims are themselves taxpayers.

The government is currently reviewing its fees policy. It must, as part of this process, conduct a full equality impact assessment, highlighting just how the charges are affecting workers bringing sex, age, disability, gender reassignment, pregnancy and maternity, race, religion or belief and sexual orientation claims. Workers’ access to justice cannot be guaranteed whilst fees remain in place. The government must abolish fees at the first opportunity. 

Yours,

Frances O’Grady, General Secretary, Trades Union Congress
Len McCluskey, General Secretary, Unite the Union
Carolyn Jones, Director, Institute of Employment Rights
Andrew Alexander, The Law Society of Scotland
Andrew Caplan, President, The Law Society of England and Wales
Margaret Lynch, Chief Executive, Citizens Advice Scotland
John Hendy QC, Old Square Chambers
Keith Ewing, Professor of Public Law, Kings College London
Nicole Busby, Professor of Labour Law, University of Strathclyde
Morag McDermont, Professor of Socio-Legal Studies, University of Bristol