Employment tribunal: radio programme

Takeaway_Addict

sangie595 wrote: »

And this is why we still haven't got the legislation on access to tribunals right either. I was always opposed to the fees levy. It isn't fair to charge someone to access justice. But it also isn't fair to have free range access where it makes it better to settle a lost cause (by the employee) than fight an unfair case against the employer. Far too many cases of "go to a tribunal because it costs you nothing and it costs the employer dearly" - advice that we have seen on here all too often.

It has often struck me that a "fee deposit" would be fairer. You get it back if you win. You forfeit it if you lose. And the same for an employer - you pay in the same amount to defend a case; get it back if you win. That way everyone has something to lose. There's never going to be a totally fair system - but at least this shares the risk.

A fee deposit would still be off putting, personally I think if it gets to a tribunal there should be a fixed cost from the court to the loser...whoever it was. Thus if your confident of your case there is no up front risk but if you're being vexatious there is a sting in the tail if you take it all the way.