Employment Tribunals

Lord Young of Norwood Green Excerpts

Thursday 12th March 2015 Lords Chamber

[Lord Ashton of Hyde]

My Lords, the point of early conciliation is to encourage claimants not to go to an employment tribunal. Ninety per cent of employees agree with the system and want to work with the conciliation service. Under the new arrangements, 60.5% of cases that went to early conciliation did not proceed to an employment tribunal, and 16.3% of cases were settled. For those who want to go to an employment tribunal, there is a fee remission system based on savings. Broadly, people whose monthly income is below a certain level do not have to pay. Anyone who receives means-tested benefits does not have to pay or gets a reduced fee.

[Lord Young of Norwood Green (Lab)]

My Lords, the costs involved in going to an employment tribunal are still a deterrent, even taking into account what the Minister said. I ask him to reflect on the fact that, even when you have won your claim at an employment tribunal, the matter does not end there; it depends on the employer paying the award. In a situation where an employer does not pay—I have referred to this previously, including last night—there is a penalty and they are fined, but still no money goes to the successful claimant. Will the Government consider dealing with the costs to a claimant in having to go through the courts to get their award?

[Lord Ashton of Hyde]

I take the noble Lord’s point. If people are ordered to pay awards, they should pay them. We are going to implement a review—or the next Government are—and that is something that can be considered at that time.