In particular, the introduction of employment tribunal fees has been disastrous for individuals’ ability to access justice or enforce their employment equality rights and has led to a huge drop of claims (10,967 claims between January and March 2014, representing an 81% drop compared with the same period the previous year). For race discrimination, employment tribunal claims dropped by 58% between 2012/13 and 2014/15 in England and Wales, and by 66% for the same period in Scotland If, as has been suggested, this was the result of keeping weak cases out of the system, there would be a higher change in the outcomes of tribunal hearings but this has not been the case. Outcomes have remained the same. As stated by the DLA, difficulty in accessing the tribunal to enforce employment “the rights that the practical value of these rights has been substantially reduced. This includes […] the equality rights found primarily in the Equality Act 2010.” The DLA reports that its members are often approached by individuals with strong potential claims, but once they are aware of the fee, they choose not to continue. The fees are also highly disproportionate to the rewards of a tribunal - one third of race discrimination awards are below £4,000. There are also indications that internal grievances and complaints of racial discrimination are not being handled sensitively nor fairly as employers feel they have greater impunity following the introduction of prohibitive fees. There was also a 70% drop in workers pursuing claims for non-payment of the national minimum wage, which may disproportionately affect BME workers who are over-represented in low and below minimum wage employment. In Scotland, the Scottish Government’s decision to cut the legal aid budget by £10 million is likely to limit access to the justice system for those with a low income, which will disproportionately affect those from a minority ethnic background. In Wales as well, the changes made to the legal aid system in April 2013 have been a barrier to ethnic minority people exercising their full rights under the Convention. In Wales the changes have affected appeals for school exclusions which have impacted a vast number of ethnic minority pupils, especially Gypsy, Roma and Traveller children. Employment matters have also been affected, with access to justice for workplace discrimination cases denied. Recommendations: The UK Government should reinstate education, employment law and immigration within the scope of legal aid. The Government should repeal Employment Tribunal fees affect all employment-related claims for discrimination, harassment and victimisation.
In particular, the introduction of employment tribunal fees has been disastrous for individuals’ ability to access justice or enforce their employment equality rights and has led to a huge drop of claims (10,967 claims between January and March 2014, representing an 81% drop compared with the same period the previous year). For race discrimination, employment tribunal claims dropped by 58% between 2012/13 and 2014/15 in England and Wales, and by 66% for the same period in Scotland If, as has been suggested, this was the result of keeping weak cases out of the system, there would be a higher change in the outcomes of tribunal hearings but this has not been the case. Outcomes have remained the same. As stated by the DLA, “the difficulty in accessing the tribunal to enforce employment rights that the practical value of these rights has been substantially reduced. This includes […] the equality rights found primarily in the Equality Act 2010.” The DLA reports that its members are often approached by individuals with strong potential claims, but once they are aware of the fee, they choose not to continue. The fees are also highly disproportionate to the rewards of a tribunal - one third of race discrimination awards are below £4,000. There are also indications that internal grievances and complaints of racial discrimination are not being handled sensitively nor fairly as employers feel they have greater impunity following the introduction of prohibitive fees. There was also a 70% drop in workers pursuing claims for non-payment of the national minimum wage, which may disproportionately affect BME workers who are over-represented in low and below minimum wage employment. In Scotland, the Scottish Government’s decision to cut the legal aid budget by £10 million is likely to limit access to the justice system for those with a low income, which will disproportionately affect those from a minority ethnic background. In Wales as well, the changes made to the legal aid system in April 2013 have been a barrier to ethnic minority people exercising their full rights under the Convention. In Wales the changes have affected appeals for school exclusions which have impacted a vast number of ethnic minority pupils, especially Gypsy, Roma and Traveller children. Employment matters have also been affected, with access to justice for workplace discrimination cases denied. Recommendations: The UK Government should reinstate education, employment law and immigration within the scope of legal aid. The Government should repeal Employment Tribunal fees affect all employment-related claims for discrimination, harassment and victimisation.