"Return of tribunal fees"

 

Hat tip to Thompsons Solicitors. This is dreadful news. The employment tribunal process is already biased in favour of employers. Today I had to help an unemployed member apply to a tribunal. The prospect of fees will frighten people. We already have unscrupulous lawyers threatening to claim costs on winnable cases.

Picture is of the UNISON team that took legal action in 2017 which resulted in fees being quashed since they were found to prevent access to justice and discriminative. Hopefully these fees can be stopped as well. 

UNISON gets employment tribunal fees scrapped

What a fantastic legal victory for UNISON and all British workers at the Supreme Court today. I must admit as a UNISON NEC member when we received reports on the 4 year legal battle which got turned down by the High Court and the Appeal Court that I was worried that we would lose and be liable for massive costs.

However,  today UNISON defeated the Government and they have been forced to scrap the (up to) £1200 fees for taking a case. The balance of power between the employer and the worker has dramatically shifted in one day.

While you cannot totally rely on employment tribunals for justice and security at work (for all our imperfections, you can only seek this from trade union membership) it is an important safety net.

Dodgy employers and bullying managers will think twice about the way they treat their staff since they will realise that their victims will no longer be priced out of seeking justice.

Of course, even if you don't have to pay massive fees, you still need trade union membership to pay for expert and professional legal advice and when appropriate, representation.

Well done to UNISON assistant general secretary Bronwyn McKenna and all her legal team.

"Employment tribunal fees will be scrapped after UNISON won a landmark court victory against the government this morning. 

The Supreme Court – the UK’s highest court – has unanimously ruled that the government was acting unlawfully and unconstitutionally when it introduced the fees four years ago.

From today, anyone who has been treated illegally or unfairly at work will no longer have to pay to take their employers to court – as a direct result of UNISON’s legal challenge.

 The government will also have to refund more than £27m to the thousands of people charged for taking claims to tribunals  since July 2013, when fees were introduced by then Lord Chancellor Chris Grayling.

Anyone in England, Scotland and Wales wanting to pursue a case against their employer has had to find as much as £1,200. This has been a huge expense for many low-paid employees, says UNISON.

Reacting to this morning‘s decision, UNISON general secretary Dave Prentis said: “The government is not above the law. But when ministers introduced fees they were disregarding laws many centuries old, and showing little concern for employees seeking justice following illegal treatment at work.

Read the full Supreme Court judgement in
R (on the application of UNISON) v Lord Chancellor

 “The government has been acting unlawfully, and has been proved wrong – not just on simple economics, but on constitutional law and basic fairness too.

 “It’s a major victory for employees everywhere. UNISON took the case on behalf of anyone who’s ever been wronged at work, or who might be in future. Unscrupulous employers no longer have the upper hand.

 “These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up.

“We’ll never know how many people missed out because they couldn’t afford the expense of fees. But at last this tax on justice has been lifted.”

 UNISON assistant general secretary Bronwyn McKenna added: “The Supreme Court correctly criticised the government’s failure when it set the fees to consider the public benefits flowing from the enforcement of legal rights enacted by Parliament.  

 “The effective enforcement of these rights is fundamental to parliamentary democracy and integral to the development of UK law. UNISON’s case has helped clarify the law and gives certainty to citizens and businesses in their everyday lives.”

 The decision marks the end of a four-year fight by UNISON to overturn the government’s introduction of fees.

UPDATE: 
The actual UNISON Enforcers

How Tory Tribunal fees prevent justice at work.

For those who think they don't need trade unions to fight for justice at work, I say think again.

Making an application for an employment tribunal now costs £250 and then a further £950 for a hearing. As this research shows, low paid workers with strong cases are being blocked.

"A new report to be published in academic journal Modern Law Review on Monday (27 March 2017) will put forth that the introduction of employment tribunal fees in 2013 was "a clear violation" of UK and EU law.

The authors, Jeremias Prassl from Oxford University law school, and Abi Adams, of its school of economics, analysed government data in order to show that for up to half of claimants with a strong case, the expense of taking their claim to court was higher than the expected payout if they were successful. 

These workers - usually in low-paid, insecure positions - are therefore put in the position of losing money to enforce their rights. As a result, the academics described the fees as "disproportionate" and argued that they are illegally blocking workers from access to justice.

The paper will be published on the day that Unison's judicial review against the fees will be heard in the Supreme Court, and the authors commented in support of the union's case".

Hat tip Institute of Employment Rights

The Unfair Dismissal Song....

Hat tip Employment Law specialist Daniel Barnett for his link to the Unfair Dismissal song. 

Where a female boss laments she is being taken to the cleaners in an Employment Tribunal for sacking a member of staff without following proper procedures.

If only....

Headphones or speakers on.

(I think the singer is okay but she should do all she can to keep the day job. The original Bananarama version was much, much better but without the social justice message of course. Ah, those were the days)

Wake up & smell the Coffee: Do not expect the State to give you Justice at Work

Tomorrow UNISON is taking the Government to court in a judicial review of the decision to charge as much as £1,200 to take your employer to an employment tribunal. If you lose then expect to pay £1,600 to go for any appeal.

This is on top of any solicitor or barrister costs you might have to pay.

As this chart from the Employment Tribunal service indicates claims have not surprisingly dropped like a stone with the imposition of charges. While these figures are provisional it would seem to be clear that only the rich will be able to get justice at work in the future.

Except for union members. I think all the major unions have agreed to pay these charges upfront and supply free legal advice and representation if (and this is important) they think a member has a winnable case.

Remember that you cannot just join a union when you have a problem at work and expect representation.  It is like trying to buy household insurance after you have had a fire. All unions have waiting periods.

So join a union now! If you work in public service then join UNISON of course here 24/7. Or check out the TUC Union finder website.

Best of all is that the more people in your workplace who are in a union, the better you will be treated by your employer and the less likely you will ever need to go to an employment tribunal!

So - as they say over the pond - wake up and smell the coffee. The State will not give you justice at work, the only one who can, is your union.

Hat tip Captain Swing and Daniel Barnett employment law e-news alert.

Employment Tribunal fees start today

This is a sad day for British justice and the protection of ordinary people at work. Check out this BBC report " Under the rules, it will cost £160 or £250 to lodge a claim, with a further charge of either £230 or £950 if the case goes ahead....in the Employment Appeal Tribunal, the fees are £400 to lodge an appeal and another £1,200 for a full hearing".

I am pleased that UNISON has been given permission to challenge these fees in a Judicial Review.

But it not just the fees. The minimum time to be employed before you can claim unfair dismissal is now 2 years not 1 year.

Independent trade union and employer representatives have been kicked off as lay judges in most tribunals. Employer's can threaten and bully employees out of a job by holding what is called "protected conversations" with them. "Conversations" that cannot normally be quoted in a tribunal. Possible awards have been reduced and restricted.

Costs can (and are) already levied for so called "frivolous claims".

The only possible positive thing arising from all this is that workers who don't join a trade union because they think the law will protect them at work will have to wake up and get real. The law will not not protect them at work, nor their employers. Only your union can protect you at work. UNISON and other trade unions have already pledged to pay the fees for members in a union supported case.

ps. Check out that well know communist, "Red" Lord Justice Mummery defence of the existing system.

To try and get justice at work you will need lots & lots of money (or join a trade union)

XpertHR confirm here that this Tory led government has published an implementation date of 29 July 2013 on fees for employment tribunals and appeals.

If this is agreed by Parliament (hopefully it won't) on this day you will be expected to pay :-

"For level 1 claims, the issue fee will be £160 and the hearing fee will be £230. For level 2 claims, the issue fee will be £250 and the hearing fee will be £950. Different fee levels will apply to claims involving multiple claimants.  For lodging an appeal with the EAT, the appellant will pay an issue fee of £400 and a hearing fee of £1,200."

I believe that most cases heard will be level 2. So if you are unfairly dismissed at work you will have to fork out £1200 for a hearing and another £1600 for any appeal.

This is despicable and will deny justice for millions and millions of working people. Bad bosses will treat people with contempt since they know they will not be able to afford these fees. Most trade unions I am aware of will pay these fees for cases that have a reasonable chance of success. Another reason for joining a union.

Better still join an union because you are far, far more likely to have a decent employer in the first place if you have an union in the workplace and avoid needing to go to law! 

The recent small but welcome increase in union membership may mean that workers are beginning to understand (again) that they cannot rely on their employer for justice at work, nor can they rely on the law.

The only people who can really protect them are their fellow workers and their trade union!

Why you cannot rely on the Courts to protect you at work

Today I read a case summary in Daniel Barnett's employment law e-newsletter about a recent Employment Appeal tribunal judgement, where it was agreed that a claimant who had been dismissed had been treated very harshly but since it was not "perverse" it was not unlawful.

'It was not the task of the employment tribunal or the EAT to decide whether the dismissal was fair.' 

You would have thought that was the whole point of making a claim for unfair dismissal?

While I am not sure the source of this quotation I think this sums up much of what is wrong with tribunals and shows up the unrealistic expectations that many (most?) workers have over their rights at work.

Not only has this Tory lead coalition government been rolling back employment rights all over the place (extended waiting period for unfair dismissal from 1 to 2 years, getting rid of lay judges, introducing upfront fees etc) but workers need to understand that tribunals are not about truth and justice. They do a lot of good things still (such as with discrimination) and act as a brake but they are not the "Peoples Courts" they are not an independent arbitrator of fairness in the workplace. Instead its all about contracts and processes.

In 2005/6 only 18% of claims were successful in a full hearing and the median award in 2012 was under £5000.

That is why you need trade unions at work. Collective is best.

Employment Court closes since it has run out of money

It would seem that this Tory led Government is intent on turning our Country into some sort of banana republic.  The employment law newsletter by Daniel Barnett reports :-

"For those practitioners with cases due to be heard at London (East) Tribunal in the next couple of weeks, be aware you may experience difficulties.

The tribunal is sending out letters postponing hearings on the basis that it has "reached the full extent of the budget allocation for this financial year and, as a result, there is no remaining judicial resource available to hear your case."

It would seem that all cases listed for a hearing before the end of the financial year (4 April) will have to be cancelled since the Tribunal has ran out of money. Many people might have waited months if not years for these hearings. Who knows when they will be heard again?

Once again, it shows that you cannot reply on the law to protect you at work. There is only the unions. 

Employment Law Prospects 2012: Workers are going to be stuffed

This is from the newsletter published yesterday by Employment Law Barrister Daniel Barnett:-

"Expected Developments in Employment law" 2012 (my comments in italics)

"31 January
closure date for calls for evidence on the effectiveness of TUPE and the scope of the collective redundancy rules - may result in a formal consultation later in the year (TUPE protection will be brought down to the absolute minimum and you could be made redundant in just 30 days)

1 February
new tribunal award limits come into force (Good but still inadequate)

6 March
consultation closes on fees in tribunals and the EAT (It could cost you around £1750 to go to an employment tribunal - far more if you want to appeal)

April
expected that qualifying period for unfair dismissal will increase to 2 years · various tribunal reforms to take effect, e.g. increase in deposit orders and costs awards (bad)· unpaid parental leave to increase to 4 months · working time rules to be amended to allow holiday to be carried forward in limited circumstances · maternity/paternity/adoption pay increases · SSP increases (you could be sacked for no good reason after 1 year 11 months and you will have no effective legal remedy)

October
pensions auto-enrolment begins for larger employers (Good) · national minimum wage may increase, depending on what the Low Pay Commission recommends in February (wait and see)

Developments with no confirmed date but likely to be progressed in 2012
penalties for employers who breach of employment rights (Good but expect wrist slap)· early compulsory ACAS conciliation of all tribunal claims (possibly good) · amendment of whistleblowing rules so that disclosures about breaches of employment contracts are no longer covered (Bad) · compromise agreements to be simplified (possibly good) · consultation on 'protected conversations' between employers and staff about employment issues without risk of dispute (your employer could bully you out of your job legally without protection)· consultation on rapid resolution scheme as alternative to tribunal for low-value and straightforward disputes (Fixed penalty ticket justice?)

· Acas Disciplinary and Grievance Code to be 'looked at' with a view to a simpler dismissal process (nuf said?)

Do not expect the "law" to protect you at work. Time to join a union for collective protection and the Labour Party to get rid of this Government in 2015.

Lord Justice defends Employment tribunals

"In a fascinating judgement handed down today, the Court of Appeal has delivered a robust, compelling and bold defence of the employment tribunal and judicial system". So said Employment law solicitor, Daniel Barnett, in his e-newsletter last Friday about "Red" Lord Justice Mummery's recent judgement.

Now, I must admit that I think there are indeed serious problems with the employment tribunal system. For me the system is unfairly biased against workers and I would like to see it reformed and rebalanced otherwise. 

But, the present government is pushing ahead with plans to get rid of many of the already basic and minimal employment protection and enforcement rights that British workers "enjoy".

So, since we already have possibly amongst the worse employment rights in Europe already it is actually a relief to read that a very senior judge believes that the existing system works and therefore (by implication) does not need to be watered down any further.

The judgement makes a number of points but I think No. 20 is compelling   "...as for those who complain about the time taken and the legal costs and other expenses and losses incurred, I think that they would want the hearings to be conducted in the interests of justice to both sides. I have seen very few constructive suggestions for practical improvements. If workers are given rights, there must be properly qualified, impartial and independent tribunals to adjudicate on them in accordance with a fair procedure. If workers are not given the necessary means for the just adjudication of their claims, procedures of a more rough and ready non-judicial kind may be used. The alternative procedures would probably not be impartial, independent or just, and are unlikely to do much for public order, social harmony or national prosperity". 

Lunchtime visit to Greenwich LG UNISON office

Recently I went on a visit to the UNISON office in Greenwich Council Headquarters with Gloria Hanson. Gloria is of course the longstanding elected UNISON Regional Convenor for London while I am part of her Regional Council Officer team as the elected Finance Convenor. Both of us are lay activists and by co-incidence have worked in local government in East London for many years.

The Greenwich Local Government branch was a few weeks ago put into what is called “supervision” by the UNISON National Executive Committee. This followed in part the finding of a UNISON NEC discipline panel that the Greenwich branch secretary (and 3 others in separate London branches) should be suspended from office for two years due to misconduct. These charges had been investigated beforehand by lay UNISON NEC members who had recommended that there was a case to answer. After the exhaustive disciplinary hearing elected lay NEC members decided that the case was proven and that the members should be suspended from holding any UNISON office for 3-4 years. There was an appeal which was heard by elected UNISON lay members from Service Group Executives who upheld the decision but reduced the suspension from 3- to 2 years.

The former Greenwich branch secretary had taken part in an Employment tribunal case against UNISON with the others and claimed that the union had discriminated against him over this matter due only to his “Marxist/Trotskyite beliefs”. After two separate exhaustive hearings and thousands of pages of evidence and witnesses the tribunal unanimously found against the Greenwich branch secretary and the 3 others. The tribunal completely dismissed all their allegations against the union. Not only that but the tribunal found that the applicants politics beliefs to be fundamentally (section 130) “undemocratic” and to hold authoritarian views which were (section 131) “incompatible with human dignity”. They also held (section 133) “extreme or repugnant views” and (section 135) these views were “not worthy of respect” in any democratic society.

At the Greenwich office Gloria and I were briefed by local UNISON area and regional officers who are supporting the branch during its supervision. There has been some weird and wonderful misinformation put about this supervision. Therefore we carefully checked all the desks in the UNSION office but could not find any Greenwich HR directors hiding underneath listening to all conversations. All the PC's and their hard discs seemed in place. Dawn in Greenwich took place this week at 6.04am (GMT) not 7.50am or 1.30pm

I also had the opportunity to speak to members about the supervision and any concerns they may have. To be quite frank none of the members I spoke to were even aware that the branch was in supervision and were just concerned about the employment issues they were facing and making sure they got good advice and representation. Other members I met were really pleased to meet their elected regional Council officers and asked why hadn’t Gloria and I hadn’t been and visited them before?

I told them that in the past any invite to us must have been eaten by the dog.

Strangely enough neither of us have a dog?

"Trotskyism is not compatible with human dignity.. It conflicts with fundamental rights..repugnant.. and not worthy of respect in a democratic society". OFFICIAL

Last week’s published judgement by an Employment Tribunal (ET) which threw out a nasty and bogus complaint by certain members of the Socialist Party (SPEW) against UNISON - completely vindicated the union.

The four London based SPEW member's barmy claim was that internal discipline action taken against them by the union was only taken because they were Trotsky revolutionaries. They also claimed they were entitled to protection due to their Trotsky views and philosophy under the anti- religious discrimination regulations.

I won’t comment on the internal discipline procedure since this is still on-going. The SPEW web site reports that their internal union appeals have failed and they face a “mitigation” hearing on 24 February 2010.

However, I can comment on the completely vile lies and slanders that have been put about by supporters of these four SPEW members with regard to this ET.  Leaving aside the important issue that we have union members publically attacking their own union and encouraging outsiders to do the same.

You can purchase a copy of the ET judgement for yourself and see that the tribunal found that not only was there was no case to answer since the allegation was outside the regulations (and not capable of being discriminative), it was also “out of time” and even if it was within the regulations and in time it found that no discrimination had taken place.

Incredibly, SPEW has now published here that the employment tribunal decision was part of some wider class conspiracy against them and... British Airways workers (BA)? What daft and ignorant comments. ET’s have played no part in current legal dispute between Unite and BA. These BA workers are facing a real legal attack on them and for SPEW to try and compare themselves to genuine workers at risk of dismissal is just bloody shameful. Who outside the public sector union movement, who have to deal with such extremists, really gives a damn or has even heard of them?

What a load of cultist conspiracy rubbish. No-one forced them to take part in this legal process. Most of them had taken part in tribunals beforehand and knew the score. If they had won would they still be saying the same? No. Of course not.

Let’s see what the tribunal decided after a full hearing with witnesses giving evidence and being questioned, during several days of evidence as well as the submission of thousands of pages of statements and documents.

Without forgetting the important decision that the tribunal found that there has been no discrimination let’s see what they found about Trotskyism.

They found that the SPEW Trotskyism was “not compatible with human dignity” section 131; they found that SPEW members held “Extreme and repugnant views” section 133; Trotskyism is “not a belief that qualifies for protection from discrimination" section 134; “The claimant views conflict with the fundamental rights of others, and the dignity of others, and are not worthy of respect... in a democratic society". Section 135

That’s good enough for me. I only wish that this judgement was made available to all UNISON members. It was a pity that there was no mention that SPEW and other Trotskyite parties such as the SWP believe in “democratic centralism” which means that all their members must accept being told what to do by their Party and what the Party thinks is in the interest of the “revolution” (whatever that is) rather than in the best interests of union members. Why don't they disclose this on election addresses?

Socialist Party FAIL

Hat-tip thingy IcePicker100 "Four Socialist Party members took their union - UNISON - to Employment Tribunal...".

Please pass on link.

Justice for All

I received an email with this link today from SERTUC. I know a few trade union tribunal members and they all find it really interesting.

Dear Colleagues
Further to previous e-mails, the Employment Tribunal Service has now launched a website containing details of the recruitment process, details and a link are contained in the box to the left.

The ETS is keen to raise awareness of the recruitment campaign and to attract applications from individuals with relevant experience for the employee side. They are particularly keen to encourage applications from groups who are currently under-represented on employment tribunal panels, including women, and members of the black and ethnic minority, disabled and LGBT communities.

Please distribute this and future information to any individuals whom your unions would like to encourage to apply to become lay employment tribunal members.

PLEASE NOTE THAT THE TUC PLAYS NO ROLE AT ALL IN THE NOMINATION OR SELECTION PROCESS. PLEASE THEREFORE DIRECT ALL FUTURE ENQUIRIES ON THIS TO THE EMPLOYMENT TRIBUNAL SERVICE.

GMB lose Allen Case

Bad news for the GMB and maybe the other public service unions. The Court of Appeal has handed down its very important judgment on this controversal case.

An Employment tribunal (ET) in Middlesbrough in 2006 found that the GMB had indirectly discriminated against union members by recommending a pay deal which did not offer adequate compensation to female members for past unequal pay. The Union was found to have had a legitimate aim of securing a fair deal for all but since they did not pursue the back pay meant that they had not been “proportionate”.

The Employment Appeals Tribunal (EAT) in 2007 found in favour of the union. Today the Court of Appeal overturned the EAT.

Permission to appeal the House of Lords has been refused. Although I understand that you can appeal direct to the Lords.

There is a 16 page written judgement here.

Employment lawyer Daniel Barnett (e-bulletin) reckons that there are 4,000 claims against the GMB and 7,000 against UNISON. He calls it “A very bad day for unions....”

Newham Council sacks UNISON Chair Michael Gavan

Shocking news that Newham Council have sacked UNISON branch Chair Michael Gavan yesterday.

This is unremitting bad news for Newham UNISON, Newham Labour Party, Newham Council and of course Michael.

I expect further strikes and disruption and if the appeal against dismissal fails (before a panel of local Newham councillors) then an absolutely disastrous and hugely damaging employment tribunal will take place.

There is a rally and lobby at the House of Commons at 7.30pm Tuesday 11th December 2007 Committee Room 9.

UPDATE: I have replaced the Newham logo with a photograph of it after Ian Thompkins the Head of Newham Council "Communications" has contacted me and "asked" me to remove it from my blog. Check out this post for further details.