Employment Tribunal Fees

Debate between Richard Arkless and Shailesh Vara

Tuesday 1st December 2015 Westminster Hall

[Richard Arkless]

rose—

[Mr Vara]

I will give way first to the hon. Member for Glasgow South West.

[Mr Vara]

I am certainly not casting doubt on research. If the hon. Gentleman recalls, I said that I was not going to discuss specific issues and specific types of case. It is important to take things in the context of how the debate has been going so far. The hon. Member for Ellesmere Port and Neston spoke in broad-brush terms about the fees coming in and the total number of reductions.

[Richard Arkless]

I politely ask the Minister, when he takes the information from this debate back to the Government and his colleagues, to point out to them that although there may arguably have been a small decline or a trend before the imposition of fees, since then the numbers have fallen off the edge of a cliff. The trend has not continued.

[Mr Vara]

I take on board what the hon. Gentleman says. As I have said, we are undertaking a review at present.

Other policy reforms, including changes to employment law, which the hon. Member for Ellesmere Port and Neston referred to, are also likely to have had some impact on the figures. It is clear, therefore, that a wider range of factors needs to be taken into account if we are to have a proper assessment of the true impact that fees have had, and that needs to be considered in the round. That is why we are doing a review, and that is what the review will seek to evaluate. If, after the review has reported, the Government believe that there are compelling arguments for changes to the fees structure or to the operation of the fee remissions scheme, we will, of course, bring forward proposals for a consultation, to which Members may wish to contribute.

We recognise that fees are never popular, but in the current financial climate we have a duty to consider all possible ways of ensuring that the courts and tribunals are adequately funded, so that access to justice is protected in the long term. Let me be absolutely clear, however, that at every step we have ensured that the most vulnerable are protected through the fee remissions scheme, so that the burden falls on those who can afford to pay. The conclusions of the review will provide us with a clearer picture of how fees have affected the way people seek to resolve their disputes.

Turning to some of the issues that were raised by colleagues in the debate, there was a charge that the fees were a sustained attack on working people. [Hon. Members: “Yes.”] I do not accept that for one moment. I refer to something that the hon. Member for Ellesmere Port and Neston said in his speech—I will more or less quote him—which was along the lines of, “If you are still working, taking your employer to a tribunal is the last thing you want to do.”

That is exactly why an ACAS proposal and early conciliation is a lot better than going to the tribunal. I like to think that the proposal for ACAS fits in nicely in the context of that interpretation of his sentence. The conciliation system is free. Colleagues talk about considering the working man but it seems that, by proposing to scrap or not recognise the free early conciliation system, they are showing that they would prefer a system where lawyers are instead paid by the people whom they speak about.

--- Later in debate ---

[Mr Vara]

I take on board what the hon. Lady says, and I will certainly look into the matter further. On the remissions system, I have already said we are looking to see how it can be made more user-friendly, and we will continue to look at it. The hon. Member for Ellesmere Port and Neston also quoted Lord Justice Underhill in the case in which Unison had been involved. I gently point out to him that both the cases brought by Unison to seek judicial review were rejected by the Court of Appeal. Unison is seeking permission to appeal from the Supreme Court, but let me put it on the record that we will object robustly if the appeal process is granted.

[Richard Arkless]

The Minister is being extremely generous with his time; Opposition Members appreciate that. As part of the brief that he gives back to his colleagues—I am afraid I have had a memory freeze. I will come back to my point. I apologise.

[Mr Vara]

We still have about three and a half minutes, so I am happy to give way to the hon. Gentleman again if necessary.

On the issue of women and pregnancy discrimination, let me make it absolutely clear that it is unacceptable that women, pregnant or not—indeed, anyone—should be discriminated against when there are laws against it. We have strict laws and the Government take the matter very seriously, as do all Members of all parties. The reviews that have been referred to will certainly be taken into account by my Department’s review into the employment tribunals.

The hon. Member for Dumfries and Galloway spoke of the Scottish aspect. I can assure him that my officials are in contact with Scottish officials to ensure that, pursuant to the Smith Commission, there is a smooth transfer in the running of the tribunals. I hope I have managed to persuade colleagues that the matter is not simply about preventing vexatious claims; it is much broader than that and is intended to ensure that where there is a need to reach a settlement with an employer, it is done in an environment that is less stressful than the court environment. Given the financial climate in which we operate, it is right that those who use the court service should in some way contribute to it.

I will conclude by congratulating the hon. Member for Ellesmere Port and Neston on securing this debate. It is absolutely clear from the 90 minutes or so that we have had that it commands a huge amount of interest from colleagues. I am grateful to him for giving his colleagues an opportunity to air their views, and for allowing me to take on board their comments and views and put on the record the Government’s view.