[IER] Tribunal fees "a clear violation" of UK/EU law: Oxford University report

Fri Mar 24 17:23:57 GMT 2017

IER News Brief 24/03/17

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news brief

Friday 24th March 2017

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A new report to be published in academic journal Modern Law Review on Monday (27 March 2017) will put forth that the introduction of employment tribunal fees in 2013 was  <http://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=8dff7fd9e3&e=71131c031b> "a clear violation" of UK and EU law.

The authors, Jeremias Prassl from Oxford University law school, and Abi Adams, of its school of economics, analysed government data in order to show that for up to half of claimants with a strong case, the expense of taking their claim to court was higher than the expected payout if they were successful. These workers - usually in low-paid, insecure positions - are therefore put in the position of losing money to enforce their rights. As a result, the academics described the fees as "disproportionate" and argued that they are illegally blocking workers from access to justice.

The paper will be published on the day that Unison's judicial review against the fees will be heard in the Supreme Court, and the authors commented in support of the union's case.

In other news this week, Matthew Taylor - chair of the government's review into employment law in the gig economy - has revealed that he will include evidence that companies are deliberately misclassifying workers as self-employed to avoid employment law <http://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=36cff06298&e=71131c031b>  in his final review (due in June).

The Institute of Employment Rights argues <http://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=fa1d2c1f49&e=71131c031b>  that Taylor's preliminary recommendations have revolved too heavily around increasing workers' awareness of their rights, thus "empowering" them to take their employers to task. We counter that without effective access to justice, and without the repeal of anti-trade union laws, workers are in too vulnerable a position to take this risk.

Finally, don't forget that our free Brexit and employment rights debate <http://ier.us12.list-manage2.com/track/click?u=f121e48a8bb6d3101590c12d3&id=f771cd231a&e=71131c031b>  will be held in the evening of Tuesday 28 March at NUT's Mander Hall. No booking is required, but we urge attendees to arrive when doors open at 17:45, as we are expecting this event to be in high demand. We hope to see you there!

Scroll down for more on these stories and other key news from the week.

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