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Unison victory means that people can go to an employment tribunal for free
Mchambers
Posts: 1,054 Forumite
https://www.unison.org.uk/news/article/2017/07/tribunal-fees-victory/
For people that did not go to an employment tribunal, for the last 3 years due to having to pay for it, you can now do it for free. You need to be quick as they may not be lenient for too long
A friend of mine has submitted a claim and it appears to be through. Her employer will be advised of the claim soon.
Apparently when the government introduced fees for ETs, there was over a 70% reduction in people going to an ET.
Not too clever by the UK government as they will now have to refund £millions back to consumers.
For people that did not go to an employment tribunal, for the last 3 years due to having to pay for it, you can now do it for free. You need to be quick as they may not be lenient for too long
A friend of mine has submitted a claim and it appears to be through. Her employer will be advised of the claim soon.
Apparently when the government introduced fees for ETs, there was over a 70% reduction in people going to an ET.
Not too clever by the UK government as they will now have to refund £millions back to consumers.
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Comments
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To be clear, because this is now old news, there is no evidence that tribunals will be accepting out of time claims. And the ruling does not suspend the normal deadlines, which remain three months less a day from the date of the action complained of. The first stage of a tribunal claim is acknowledgement that it has been received. This is often confused with acceptance of the claim (badly worded letters). The two are very different things. If your friends claim is out of time, it will still be out of time.0
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Not true. She has consulted with ACAS and Unison, who have both told her to submit a claim asap because, as I have stated, there is leeway for ET at the moment to grant late applications after the court decision
I will be amazed if the ET does not compromise; otherwise it will risk further court actions.0 -
Not true. She has consulted with ACAS and Unison, who have both told her to submit a claim asap because, as I have stated, there is leeway for ET at the moment to grant late applications after the court decision
I will be amazed if the ET does not compromise; otherwise it will risk further court actions.
They may do but employers are likely to try and get such cases ruled out of time. Very likely at least one case will need to get to the Court of Appeal to get a ruling on this.
Yes, obviously worth submitting but don't count your chickens!
Neither ACAS or Unison make the law......0 -
Exactly this. The ruling did not change the time limits for submitting a bid, and the rules around extensions are very limited. As I said, there is no evidence at all that tribunals will accept such cases out of time, and whichever way they rule, it is likely to get the entire way to a Supreme Court ruling (which takes years) before anything changes. And probably not even then, because by that time the government will have introduced new law.Undervalued wrote: »They may do but employers are likely to try and get such cases ruled out of time. Very likely at least one case will need to get to the Court of Appeal to get a ruling on this.
Yes, obviously worth submitting but don't count your chickens!
Neither ACAS or Unison make the law......
It is true, because tribunals have not been told that there is any additional leeway to accept out of time cases- what ACAS and UNISON officers say is not legal advice. In fact, I know what the unions legal advice says. Exactly what I have just told you! It is considered exceptionally unlikely that tribunals will be permitted to overturn the law on time limits for every case where someone wonders along and says "I would have claimed if it hadn't been for the costs". Because that will be every case! Whether true or not! Basically it opens flood gates for thousands of claims that could be years old, and for which evidence no longer exists because there was no reason to keep it - on both sides. The iniquity of imposing fees in the first place, which I was always opposed to, would be nothing compared to the iniquity of trying cases where the evidence no longer exists - or can be claimed to no longer exist. Unfair dismissal? No it wasn't, but the evidence we had was destroyed a year ago because no case was brought. Discrimination? No it wasn't, but the evidence we had.... You get the idea? You cannot try a case where any participant cannot have been expected to retain evidence intact. That is why there is a time limit in the first place. The law is blind - or should be. And two wrongs don't make a right. What was done was wrong, but there is no way of turning back the clock. And when such a case does get to the Supreme Court, I will lay bets that that is what it will rule.0 -
Her situation is very unique and not the norm. I will not provide any details as it is very P&C. I hope that the ET people agree. I will advise when she gets a response form them.
She is not worried too much cos she will raise a SARS request. which will prove that she is right..0 -
Her situation is very unique and not the norm. I will not provide any details as it is very P&C. I hope that the ET people agree. I will advise when she gets a response form them.
She is not worried too much cos she will raise a SARS request. which will prove that she is right..
Mchambers you do have lots of 'friends' having problems with their employers don't you!
Good luck with the SARS. You might want a doctor for that!
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Ho hum. Course it is. So unique that her union told her to put in a claim? FYI if it's a good case, that union put in the claim!!! And you did, didn't you, understand what I said about lost evidence? She needs a SAR to get evidence for a claim that is out of time that the union isn't supporting. Good luck with that.Her situation is very unique and not the norm. I will not provide any details as it is very P&C. I hope that the ET people agree. I will advise when she gets a response form them.
She is not worried too much cos she will raise a SARS request. which will prove that she is right..
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Edit: oh good one! I nearly fell for it even though the tell was obvious. If she had a case that the union would have supported, they'd have paid the fees! Like we do for all members with a case to argue.0 -
Ho hum. Course it is. So unique that her union told her to put in a claim? FYI if it's a good case, that union put in the claim!!! And you did, didn't you, understand what I said about lost evidence? She needs a SAR to get evidence for a claim that is out of time that the union isn't supporting. Good luck with that.
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Edit: oh good one! I nearly fell for it even though the tell was obvious. If she had a case that the union would have supported, they'd have paid the fees! Like we do for all members with a case to argue.
Really ? Who said she is a union member !]? lol !!!
The ET response will tel her whether she need a SAR lol !!0 -
You did. UNISON do not advise non-members! So now she was advised to make a claim by a union she isn't a member of? Trolling has rarely looked so good, has it? Perhaps you could fund her legal fees with that £70k you want to invest?Really ? Who said she is a union member !]? lol !!!!!0
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