Employment Tribunals

[David Johnson]

I suspect that I am turning into Victor Meldrew. Increasingly I find myself saying "I don't believe it" when I come across some stuff in the news.

This is an example



Basically they are bringing in fees with regard to employment tribunals. So if you get the push from your employer and you think it is a case of unfair dismissal you have to pay ?250 just to lodge the claim and ?950 if the case goes ahead. Obviously at this point you won't know whether you are going to win the case or not.

If you lose the case then you can go to Appeal. If you go to Appeal you pay ?400 to lodge the appeal and ?1200 for a full hearing.

To be fair apparently "Those claimants unable to pay may apply to have the tribunal fees reduced or waived" The article, however, gives no indication of what are the criteria for having the fees reduced or waived or how much dosh has been set aside to fund this.

The overall purpose of this new approach I suspect is to get people unfairly dismissed to think "Bugger it, I won't bother. I don't want to take the risk of losing all my fee money if I don't win."

[number 6]

just saw this on the news,this is typical tory policy and the kind of thing they dream about,taking rights off workers and putting them in the hands of bosses

[David Johnson]

Apparently the coalition government has also doubled the time you have to work for an employer before you can claim unfair dismissal. It is now 2 years.

In addition there is no guarantee that you will get your fees back even if you win the case for unfair dismissal. This is purely down to the judge's discretion. So you may find the fees take a sizeable chunk from the money you win in compensation.

[number 6]

Im just wondering how can any decent minded person agree with this shite.

[David Johnson]

Cue follow-up posts! !laugh!

[number 6]

Oh yes the usual suspects won't be long coming.

[william]

Finally some sense - putting the power where it belongs instead of some minion - it was like those no win no fee solicitors - you had a bad employee and you sacked them they tried to take you to court as they didnt have anything to loose - but as an employeer you have to take time out and deal with this through paying for lawyers and all sorts just as someone had a gripe as they didnt understand taking product home and selling it on ebay was not company policy - now they are putting in something to make those think twice. yeah if they were unfairly done and you are in a union I think they will assist but it you were a plonker.

[Gentleman]

As someone who had to go through a industrial tribunial the idea that your entitled to a massive payout is not true.

All that you receive is the wages you would have relieved anyway as the amounts aren't about being punitive and the nature of the time that they to complete (mine was over a year) you will end in debt as chances like myself your considered unemployable.

In my case I made a complaint to the national care standards agency about my e,ployer and within a couple of month I found to have committed gross misconduct.

Then comes the true kicker any benefits that you've received are expected to be repaid from the amount you receive leaving you in even larger amounts of debt.

Of course there's massive pay days if your covered by disability or race discrimination act.

So now with this proposal the only people who could even start the process have to have a large amount of savings aside and for I don't know hardly anyone who has this and teamed up with the large percentage of low paying employers who chances are also like disposing of staff when they wish you have a particularly toxic combination.

Just when you thought these scum in power couldn't get any lower.

[Jonone]

Perhaps like in football when a decision is appealed, they could deem the appeal 'frivolous' without giving any reasons and make folk cough up another ?200.

[David Johnson]

It is also worth pointing out that a venture capitalist called Adrian Beecroft was drafted in by the coalition government to put down his ideas as to how employment law could be "simplified".

In the report produced in 2011, Beecroft was very enthusiastic about the idea of fees paid by the claimants for employment tribunals. And he was very clear about the objectives - to stop people bringing cases.

Beecroft has donated ?500,000 to the Tories since 2005.

Can't recall trade unions having great input into any Blair, Brown or Miliband pro- trade union legislation. Off the top of my head, Blair and Brown kept in place all the anti-trade union legislation that Maggie had brought in.