Government minister Jonathan Djanogly has announced government plans to remove tribunal protections from vulnerable employees on low incomes. This will be achieved by introducing an initial fee that begins at £150 and then adding an additional fee (up to £1250) if the employee wants a full hearing to challenge an abusive employer.

The government has launched a consultation on its plans which will conclude in 2012 when it is believed ConDem coalition ministers will work to make the proposals law.

Djanogly said;

“We believe that people should pay a fair amount towards the cost of their case. Fee waivers will be available for people on low incomes to protect access to justice.”

“Our proposed fees will encourage businesses and workers to settle problems earlier, through non-tribunal routes like conciliation or mediation and we want to give businesses – particularly small businesses - the confidence to create new jobs without fear of being dragged into unnecessary actions”.

The consultation will put forward two options for consideration:

• Option 1: an initial fee of between £150-£250 for a claimant to begin a claim, with an additional fee of between £250-£1250 if the claim goes to a hearing, with no limit to the maximum award; or

• Option 2: a single fee of between £200-£600 – but this would limit the maximum award to £30,000 – with the option of an additional fee of £1,750 for those who seek awards above this amount.

Economic Exclusion: Access to justice soon to be denied

Half of young Africans out of work

In 2010, Dianne Abbott MP warned of the threats to African families likely to be caused by the Government’s austerity drive and revealed that “out of the 6 million people that work in the public sector, 4 million are women and over 500,000 workers are of black and ethnic minority backgrounds”

A year later the Institute for Public Policy Research reported that 48% of African people aged 16 to 24 were out of work, compared with 20% of europeans the same age proving government claims that it would shield the most vulnerable from the effects of the downturn as worthless.

Toyin Agbetu from Ligali, the Pan African, human rights based organisation argues that should this policy become law many employees that face discrimination, harassment and bullying at work will find access to justice prohibitive due to hearing costs, legal fees and the fear of unlimited damage awards if they lose their case.

He said “Tribunals were established to reduce the need for lawyers and expensive legal fees by providing a route to justice that was accessible to all litigants irrespective of their socio-economic background.

He continues;

“Now, irrespective of any so called ‘low income’ thresholds set by ConDem ministers, this government and the private enterprises lobbying for this change know that most victimised employees will be unable to take the risk of losing their case and being landed with a bill in the thousands. If made law, the price of justice will become even more unaffordable and serve as a green light for the continuation of racism, sexism and corporate thuggary in the workplace.”

One in two of young Africans face unemployment

External Links
Introducing fees in employment tribunals and Employment Appeal Tribunal
Diane raises alarm over job cuts that could set equality back generations
Recession leaves almost half of all young black people out of work

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