Tribunal fees weaken workers’ rights
31st January 2012
Independent arbitration service ACAS is
"absolutely right" to express concerns over the
introduction of employment tribunal fees, says CWU head of legal
services Tony Rupa.
The comments came as an estimated three million workers faced
being removed altogether from employment protection in April under
new laws extending the qualification period for a tribunal from one
to two years of employment.
And for those who stay in the same job long enough to secure
legal protection, access to that protection will be restricted
through the introduction of pre-trial fees for those taking cases
to industrial tribunals. Complainants will be required to pay
between £150 and £250 to file a claim and then a further
£1,000 should this proceed to a hearing, while higher fees can
apply when higher compensation awards are being sought.
With some 30 per cent of complainants on annual salaries of
£15,000 or less, and around 70 per cent earning below the UK
average - according to research by the TUC - concerns are high that
these measures will impact disproportionately on vulnerable workers
most in need of legal protection.
Independent arbitration service ACAS has warned that these
measures could encourage company chiefs to adopt a more stubborn
stance. "If a person has to make a payment for a claim,
employers won't be that interested in early mediation,"
explained chief operating officer Andrew Wareing.
"This could result in it being more difficult to push a
settlement (early on). It will be harder to help," Mr Wareing
added.
CWU head of legal services, Tony Rupa
said that Mr Wareing was "absolutely right to voice these
concerns" and went on to accuse the Government of launching a
"two-pronged attack" on workers' rights. "This
involves first diluting those rights and then making it more
difficult to go to tribunal in order to attain justice," he
said.
Both government and employers have argued that reducing
workers' rights in this way will help increase employment, but
Tony disagreed, pointing out: "There is only one thing that
creates more jobs and that is an order book.
"Weakening employment rights does not create an order book.
It just makes it easier for unscrupulous employers to abuse workers
and drive down terms and conditions.
"And the only sure way for workers to defend their rights at work is to join a union," Tony concluded.
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