Re: Summer issue | Page 56

Strictly for charity What impact has the introduction of fees in the Employment Tribunal had? According to the recently issued statistics that compared the period October to December 2012 with October to December 2013 the impact of fees has been huge.  The headline figure showed that there had been a 79% decrease of claims. The introduction of fees on 29th July 2013 was intended to discourage speculative claims but these latest figures do lead one to wonder whether only such claims are being discouraged.  Could it really be said that three quarters of claims in the Employment Tribunal prior to fees being introduced were unmeritorious? A caveat was issued by the Ministry of Justice with regard to the figures.  They said the figures should be treated with “extreme caution” and were at pains to say that they were provisional and could be revised in due course.  However, it would take a huge adjustment to avoid the conclusion that fees are deterring claims being made, when the statistics released for the third quarter in 2013 also showed a significant downward trend in claims being made in the Employment Tribunal. The reason for some caution is that not all cases have necessary been included within the statistics. This is because a claim is not entered onto the internal case management system, upon which the statistics are based, until either a relevant fee is paid or a remission application has been granted. The result of this is that there could potentially be a number of claims that will only be formally accepted at a later stage. We ourselves have noticed that where remission has been requested the claims are taking a considerable amount of time to be processed. In our experience, the claims now being made do tend to be more considered and, also, that the rate of the downward trend in numbers is not uniform.  In the East London Employment Tribunal it appears there has been a decrease of only 25% in 56 live cases. Regional Employment Judge Carol Taylor has acknowledged this was not the picture in other regions. This could be because workers in banking and financial services sector in the City find the fees less of