What assessment has the Counsel General made of the impact that employment tribunal fees will have on access to justice in Wales? OAQ(5)0037(CG)

The Welsh Government is concerned that, for many people, the cost of bringing employment-related claims is now prohibitively expensive and denies them access to justice.

Thank you, Counsel General, and I’m sure you’re aware that recent figures indicate that there has been an 81 per cent decrease in the number of employment tribunal claims lodged since the UK Government introduced fees in 2013. Unison is currently challenging these fees in the Supreme Court. Do you agree with me, Counsel General, that such fees, ranging from £160 to £950, with discrimination claims attracting the highest level of fees, mean that ordinary people are effectively being priced out of justice and that this disproportionately penalises women, low paid, ethnic minority, LGBT and disabled employees and is yet a further example of Tory attacks on working people?

Well, you make some very good points. The UK Government’s own review of the introduction of fees in employment tribunals was published in January, and that does indeed highlight a number of very concerning the areas. First is obviously the very stark and substantial fall that there has been in the volume of claims: an 80 per cent reduction in claims to tribunals since the introduction of fees. The Government’s own evidence is also that some people who are unable to resolve their disputes through conciliation nevertheless did not bring a claim to the employment tribunals because they said they could not afford the fee, despite any financial support that was available. Equally, the assessment under the public sector equality duty that has been made by the UK Government of the impact of fees is that they have had a significant impact on discrimination cases and the discrimination area. The Supreme Court reference itself—and we’re awaiting the judgment in that particular case—just highlights that there are substantial fees ranging from £390 to £1,600 to go to the employment appeal tribunal, and that following that, official statistics show a dramatic reduction in claims brought—around about 80 per cent.

The Welsh Government has made its own representations in the consultations, which basically make the point very clearly that we do not think there should be fees at all, and certainly there should not be any fees that deny access to justice, and certainly in this area there clearly is a significant denial of justice to working people within Wales.

If I can just make a point about what Dawn said, fees are higher in some cases than Dawn Bowden suggested. It now costs around £1,250 for an unfair dismissal claim. Claimants are able to apply for remission of fees, but many people will need assistance doing so. Many people will also need help with issuing the claim and conducting it. The citizens advice bureau has long been a source of free advice and guidance, not only on employment matters, but on other issues—but I know how stretched that service has become. How would you propose to support the CAB in Wales?

The Welsh Government supports the CAB by actually funding advice and support through various advice agencies. Of course, the most effective way of gaining support in occupational matters is by actually belonging to a trade union, and of course the UK Government seems to spend most of its time looking at legislation that actually inhibits and restricts the role and operation of trade unions. I have to say that this area of work has never been properly recognised by the UK Government and by the Conservative Party.