WOMEN are being prevented from challenging sexual discrimination in the workplace by the introduction of costly employment tribunal fees which have led to a collapse in new claims, it has been warned.
The number of cases being taken to tribunals since the charges, which run to hundreds of pounds, were introduced in 2013, has fallen sharply, leading to mounting calls for the UK Government to scrap the system.
The fees have already been blamed for cutting the number of employment tribunal cases of any type by more than half.
Now fresh figures have shown a fall of 85 per cent in the number of sex discrimination claims brought before tribunals since the introduction of charges by the UK Government.
A total of 186 claims were heard between October and December 2012, commpared with just 27 in the same period last year.
Christina McKelvie, SNP MSP, said that women were being disproportionately affected by the fees and were effectively being barred from seeking justice.
She said: "These are deeply worrying figures showing clearly how the UK Government's unfair imposition of fees for employment tribunals is impeding access to justice for workers in Scotland - with women once again bearing the brunt of this government's callous attitude to employee's rights.
"Introducing fees for employment tribunals was always clearly a retrograde step - and these figures show clear evidence that the unfair, indefensible fees are hindering workers seeking the justice they deserve.
"And with a staggering 85 per cent fall in sex discrimination cases brought before employment tribunals, it couldn't be clearer that once again it is women who are paying the price.
"The idea that any woman should be prevented from seeking justice for sex discrimination in 21st century Scotland is simply unacceptable."
Under the fees system, it costs £160 or £250 to lodge a claim, depending on its complexity, and a further charge of £230 or £950 if the case goes to a hearing.
Recent research found there had been an 81 per cent overall drop in tribunal cases between January and April 2014 compared to the same quarter the previous year before the fees were introduced.
Ms McKelvie highlighted raised the issue of sex discrimination cases during a debate on employee rights in the Scottish Parliament.
Afterwards, she said that there was now an urgent case to have power over tribunal fees devolved to Scotland.
The MSP said: "This is exactly why we need powers over employment rights to devolved to Scotland, to allow us to take substantive action to protect the rights of workers and to put a stop to the seemingly endless Tory attacks on hard-working people - and I would hope that every progressive party in the Scottish Parliament can unite behind this common-sense idea."
During the debate, Cabinet Secretary for Fair Work Roseanna Cunningham said that the Scottish Government would work to protect employee rights and trade unions from the UK Government's "regressive, corrosive and oppressive approach".
The Law Society of Scotland, Citizens Advice Scotland and Unison have all previously spoken out against the fees.
A spokesman for the Ministry of Justice, which has launched a review into the system, said: "It is right that hard-working taxpayers should not pick up the bill for employment disputes in tribunals.
"We have been very careful, however, to ensure those who have limited means have fee waivers and are not excluded from seeking redress.
"When we brought in the fees we pledged to carry out a review, and that review has started."
Why are you making commenting on HeraldScotland only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereCommments are closed on this article