The Government’s proposal to reinstate Employment Tribunal fees has sparked significant debate.
- Unions like TUC and Citizens Advice argue the £55 fee deters valid claims.
- Previous fee introduction in 2013 led to a substantial drop in cases.
- Reinstating fees could shift focus from resolving workplace conflicts.
- Promotion of informal resolution methods is suggested to improve employee relations.
The recent proposal by the Government to reintroduce fees for Employment Tribunal claims has ignited a widespread conversation regarding its implications on employee relations. Unions and groups, including the TUC and Citizens Advice, have voiced concerns that a fee of £55 will discourage many individuals from filing legitimate claims, thereby emboldening employers to exploit workers.
History offers a perspective, as when similar fees were introduced in 2013, there was a striking 70% decline in the number of Employment Tribunal cases. This dramatic decrease highlighted the potential barrier fees pose in accessing justice for employees. However, following a legal challenge by Unison, these fees were abolished four years later, leading to a doubling of claim numbers in certain regions. This surge strained the system’s capacity, revealing the challenges of meeting demand and staffing sufficient Tribunal judges.
The core issue at hand is whether the imposition of fees denies employees access to justice or merely discourages frivolous cases. Currently, a fee remission scheme has been proposed by the Ministry of Justice to assist those unable to afford these fees, marking a difference from the original Supreme Court decision.
While fees remain a contentious topic, there is a broader consensus that resorting to Employment Tribunals should be considered a last resort for both employees and employers. Often, cases escalate to this level due to inadequate people management skills and the absence of practical, informal dialogue processes within organisations.
A more progressive approach advocates for the integration of mediation in workplace policies to preclude formal claims and address inequalities related to legal representation. By acknowledging the intricate nature of workplace conflicts and fostering communication, organisations can significantly enhance their workplace culture.
Implementation of a Psychological Safety Index (PSI) tool and Neutral Assessment practices are recommended. These methods provide employees a platform to express their concerns, facilitating personal development and promoting trust. Through open dialogue and accepting calculated risks, employers can nurture an environment of respect and understanding.
The discussion surrounding Employment Tribunal fees might miss the underlying workplace issue: a lack of effective communication and understanding. Fostering open conversations, increasing psychological safety, and equipping managers with conflict resolution skills are critical steps for sustainable employee relations.
Reinstating Employment Tribunal fees could hinder employee relations unless offset by promoting informal conflict resolution.
