13 February 2012

Fees for tribunals - an afterthought

Consultation has now opened on the proposal to charge fees for employment proceedings - not on the principle of charging a fee, but on the detail how much the fees will be and when they will be payable. They will be far from nominal, with the lowest level suggested being £150, rising to fees in the thousands before a hearing will be listed in more complex cases. The intention is that fees may be reduced for claimants on income based benefits or very low incomes - those who earn not much more than those on benefits.

Before the level of fees was mooted, there may be unintended consequences which could turn the plan into something of an own goal. While the introduction of fees has the attraction, from the employers' point of view, of deterring claimants, another consequence of the level of fees being discussed could be to make union membership a more attractive option for employees who otherwise would have no interest in such a thing. Employees who are anxious about their jobs may well look to a union for support, if they feel that they can't afford to pursue a claim alone, and unions who are sparsely supported in the private sector will be gearing up for a recruitment drive ahead of the change.