I READ with interest your coverage of the Law Society of Scotland's position on tribunal fees ("Law Society calls for tribunal fees review", The Herald, July 29).
The mounting pressure to review the introduction of employment tribunal fees is to be welcomed. Employment law in the UK provides a valuable system of rights for employees which are devalued if they cannot be effectively enforced.
The introduction of tribunal fees in July 2013 was designed to help fund the tribunal system (and save the taxpayer money) but also to deter spurious claims.
Last year, Unison's legal challenge of the tribunal fee system, on the basis that it acted as a barrier to justice, was unsuccessful. However, this was due to a lack of available evidence of the detrimental impact of the fees at the time that the case was heard.
Unison's appeal is expected to be heard later this year and given the evidence now available, which shows a dramatic reduction in the number of employment tribunal claims, it is anticipated that it will be successful.
The Ministry of Justice also announced last month that it was finalising arrangements for a review of the impact of employment tribunal fees. It is likely that the Ministry of Justice knows that the writing is on the wall and it is anticipated that it will announce changes to the fee regime in the near future.
It is desirable that employers should not be faced with the cost, in terms of time and expense, of facing claims which have no merit and are merely brought because the claimant knows that they have nothing to lose (as was the case before the fees were introduced). However, it is also important that claimants are not deterred from pursuing legitimate complaints.
A sensible balance requires to be struck, otherwise individuals will be left without a viable remedy in many cases and certain employers, who choose to ignore their legal obligations, will have little incentive to comply.
Innes Clark,
Head of Employment Law, Morton Fraser LLP, 2 Lister Square, Edinburgh.
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