Copyright Moore Barlow LLP (Moore Blatch and Barlow Robbins merged May 2020)

The abolition of Employment Tribunal Fees has opened the floodgates

It’s less than 12 months since the Employment Tribunal fees were scrapped and already claims are up by 90%.

Moreover, employers should brace themselves as Acas has reported receiving approximately 500 more notifications of early conciliation per week in the last quarter of 2017 compared to the period before the abolition of fees.

Legal opinion

Whilst the Government’s time is focused on Brexit, there is unlikely to be any political appetite to revisit the decision to scrap fees following Unison’s win in the Supreme Court in July 2017.

As a result, employers need to be prepared for more claims, some of which are likely to be questionable. Employers should take a pragmatic approach as to whether to fight or settle a claim based on costs, potential compensation and chance of success. We would advise that as soon as you receive any communication from Acas and/or notice of a claim, you seek legal advice so that we can assist you in assessing the best approach to follow.