Tribunal proposals “may not be workable”

ONE of Birmingham’s best known employment lawyers believes government plans to overhaul the employment tribunal system could do more harm than good.

While welcoming yesterday’s launch of a consultation period relating to the introduction of fees for employment tribunals, Fergal Downing, a partner at law firm Irwin Mitchell, believes alternative proposals should be considered.

The consultation, which closes in March next year, asks for views on two possible scenarios. The first revolves around the introduction of an initial fee to begin a claim, with an additional fee if the claim goes to a hearing, with no limit to the maximum award.

The second option would see the introduction of a single fee, but with a limit on the maximum award to £30,000 unless an additional fee is paid.

Dowling said: “This consultation should be welcomed by the business community as it is intended to remove barriers to growth and provide confidence when taking on new staff.”

“However, when looked at in detail, the proposals might not be workable, might not achieve the intended aims, could be seen as a barrier to justice and could even create additional costs in order to manage the proposed regime.

“It might be worth keeping an open mind on alternatives to charging across the board, including a combination of compulsory mediation with charging at a commercial level but only for those who refuse to engage in mediation.”