THOUSANDS of Scots are being prevented from challenging rogue employers due to the introduction of controversial employment tribunal fees, according to new research.
A report by Citizens Advice Scotland (CAS) and Strathclyde University claims the charges are deterring people from fighting for their rights in cases where they may have been unfairly dismissed or discriminated against.
The research includes official figures which reveal a 81 per cent drop in tribunal cases between January and April 2014 compared to the same quarter the previous year before the fees - which can cost up to £1200 - were introduced.
The Price of Justice report claims the merit of a person's grievance is no longer the key driver in deciding whether or not to pursue a tribunal - cost is.
The study's lead author, Emily Rose, a research associate at Strathclyde University, said: "The research shows that the introduction of fees is acting as a great deterrent for workers
"At one time, you would have looked at the merits of the case but now people are having to make pragmatic decisions about whether it's financially worth it or not, and many are deciding it's not."
She said this can affect people's future employment prospects as employers who see their dismissal may not hire them as a result, adding: "They can never prove their innocence because they can't afford to go to a tribunal."
Ms Rose, who would like to see the fees scrapped, argued that the legislation designed to protect workers has been "almost rendered useless" because of the fees.
She added: "A lot of the people we spoke to feel that they have been stopped from exercising their rights. There's a sense of disaffection, the feel like 'I have all these rights but I'm powerless to use them'."
The report claims the fees have "altered the balance of power between workers and employers" and even those who are able to claim the fees back through a means tested process experience a lot of difficulty doing so.
This is because the means testing is done in two stages, so while someone may be unemployed when they lodge the claim, if they find employment in the time it takes to get to a hearing, they will be forced to pay.
According to the CAS website, the threshold for recovering all of the fee is set at a gross monthly income of £1,085 if you are single and have no children, while if you have a partner it rises to just £1,245 combined.
The study, which comes just weeks after CAS revealed the number of Scots being exploited at work is increasing, claims that justice is "no longer affordable" for workers.
CAS spokeswoman Lauren Wood said: "The evidence shows that people have been deterred from taking their grievances to tribunal because they simply can't afford to pay the fee.
"Let's be clear what we are talking about here. Employment Tribunals regularly include cases where people have been un-paid or under-paid for work they have done, or cases where they have been mistreated - including bullying, racism, sexual harassment.
"People who have suffered such treatment surely have a right to justice, and that right should not be based on their ability to pay."
She added: "In highlighting this issue we call on the government - and all political parties - to think again about the price of justice, and to get rid of these fees. Justice should be available to everyone, not just the wealthy."
A Ministry of Justice spokeswoman said the issue should be looked at by the newly elected government following the election in May.
She added: "We want people to resolve these issues using quicker and simpler alternatives such as arbitration and mediation and only go to court as a last resort.
"We have made sure fee waivers are available for those who can't afford to pay, as well as diverting people away from potentially acrimonious hearings, where possible, through a new early conciliation scheme which has already been used by over 60,000 people in its first nine months."
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