Employment tribunal cases have rebounded in spite of the introduction of fees and it is still too easy to bring a spurious claim, a leading law firm has said.
Claims have doubled, with a similar trend in Scotland, since the requirement was introduced a year ago to use the Acas mediation service before launching a case, according to Hugh James Solicitors.
Tribunal cases at first slumped by almost two-thirds in response to the reform, and new costs of £160 to £250 for bringing a case.
But claims have rebounded "as disgruntled former employees adjust to the new fees and weigh the financial risks to them of pursuing a claim against the potential pay-out,", the firm says.
Emma Burns, partner at Hugh James, said: "Despite the recent reforms it's still a big risk for employers to fight certain types of claims, such as discrimination claims. The major costs in any tribunal case are not the administrative fees but the legal costs. It is exceptionally rare for an unsuccessful claimant to have to pay their employer's legal fees for a complex case like a discrimination claim."
She added: "That means that even if the case has no real merit, the system is still stacked in the claimant's favour; it will often be cheaper for an employer to pay out to settle a case rather than fight a long-drawn out tribunal. The recent changes are a start, but there needs to be a more fundamental overhaul of how the tribunal system works."
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