Firms should urgently review their human resources processes in light of last week’s Supreme Court decision on employment tribunal charges, according to regional law firm Mogers Drewett.
Emily Eccles, pictured, an associate solicitor in its Bath office, said the judgment endorsing the fundamental importance of access to justice would be better news for employees than employers. 
“While it is unknown yet whether fees will be removed altogether, or simply reduced, it will undoubtedly result in an increase in the number of claims brought to tribunal,” she said.
“As a matter of urgency, employers should ensure that any issues in the workplace are dealt with correctly to reduce the risk of a claim being brought against them. Steps should be taken, before issues arise, to review the processes they have in place to ensure they are suitable, and consider whether they would benefit from external HR support to perfect their processes and practices, and better understand their responsibilities to their employees.”
She said there was also the issue of people who were historically discouraged or prevented from bringing a claim because of the fees.
“It remains to be seen whether tribunals will entertain the notion that it was not reasonably practicable to bring a claim when the claimant was significantly impeded or denied access to justice by unlawful fees,” Emily added.
“If this is the case, it is quite feasible that we see the resurrection of many claims in light of the ruling.”
In its landmark ruling the Supreme Court allowed trade union Unison’s appeal against the charges, saying the government had acted unlawfully and unconstitutionally when it brought in them in four years ago.
The number of cases lodged with employment tribunals has fallen by 79% since the fees of up to £1,200 were introduced. The government had claimed charging would prevent malicious or weak cases but Unison’s accusation that it prevented workers accessing justice was accepted by the court.
The government has now stopped charging fees for claims in the tribunals and in any appeals and all fees paid in the past will be reimbursed by the Lord Chancellor’s Department – leaving the government facing an estimated cost of £32m.
