Success rate at employment tribunals declines with increase in the cost of fees

The success rate of employment tribunal claims has fallen since the introduction of fees, according to new statistics released by the Ministry of Justice (MoJ) last week.

Around 6 per cent of the 21,500 cases before the employment tribunal were successful in the third quarter of 2015/16.  That compares with a success rate of 11 per cent in 2012/13.

The reason for the decline is likely to be the increase in the fee for making a claim, says an article in The Law Society Gazette. Charges of up to £1,200 to claimants were introduced in July 2013. 

The MoJ says the effect on quality of claims will be dealt with by a review of the fees. The Gazette reported that it understands this was completed in November and was due to be published by the end of the year, but it has yet to materialise.

The MoJ statistics revealed that efforts to increase access to the fee remission system – which covers the fee for those who can prove they cannot afford to pay – are starting to improve. In October to December, of the 5,300 fees requested, a full or partial issue fee remission was awarded in a quarter of cases. 

Employment Tribunals - Employment Direct Access Barrister