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RMT helpline 0800 376 3706 :: september 2012 :: RMTnews
11
Massive changes to Employment
Tribunals made by the
government mean that access to
workplace justice has been
denied to millions and now
comes with a hefty price tag.
The changes are designed to
stop working people seeking
compensation from employers.
The qualifying period to
claim unfair dismissal has been
doubled to two years – at a
stroke depriving millions of
workers of legal protection in
the workplace.
RMT has always argued that
workplace rights should start
from day one, but the
government has listened to
bosses who want to be able to
sack workers at will.
Prohibitive tribunal fees are
to be introduced, with a fee of
up to £250 just to register a
case, and up to £950 more
payable before it gets to a
hearing. Appeals will cost up to
£1,600.
This is a cynical hammer
blow designed to make it as
difficult as possible to lodge a
tribunal claim, and a massive
attack on union resources.
The door has been opened to
judges sitting alone in tribunals,
no longer balanced with lay
“wing” members.
The government wants to
banish trade-union panellists
and others with industrial
experience from sitting with
judges, many of whom have no
employment experience.
Witnesses’ expenses will no
longer be paid
Witness statements will now
be taken “as read”, potentially
depriving claimants of the right
to cross-question witnesses.
The potential cost of losing a
tribunal has been doubled, from
£10,000 to £20,000.
Another move clearly aimed
at discouraging claims being
brought, not least as tribunals
are increasingly exercising the
option to award costs against
the losing side.
Ministers claim these
measures will save time and
money, but they will load
chances even further against
tribunal claimants.
Even now only around eight
per cent of unfair dismissal
cases are successful, and the
figure is far lower for
discrimination cases.
For RMT these changes mean
well over £1million a year in
extra legal fees, but the union
remains committed to winning
justice for its members at work.
Despite these massive costs,
RMT will continue to offer a
comprehensive legal service to
members, including covering
tribunal fees and costs. Put
simply, if the union runs the
case, the union will pay the
fees.
Claimants will have to
submit the initial fee, but if
RMT runs the case it will be
reimbursed, and when a member
gets a hearing date RMT will
pay the hearing fee.
The union will also continue
to pay witness expenses. Only if
the member is successful at a
Tribunal and the Tribunal
awards the fees back to the
member will they have to be
reimbursed to the union.
Now more than ever it makes
sense to belong to RMT, the
union that stands up for its
members at work and offers a
comprehensive legal service.
So, if you are not already a
member, join RMT today, and
get yourself protected by RMT’s
expert legal team and tell your
workmates that are not in the
union that they are not
protected.
*The above benefits are
subject to membership
qualification and acceptance of
cases by the union and its
solicitors.
DON’T BE ON
YOUR OWN
RMT will continue to stand up for you legal rights
after government announces employment tribunal
charges for workers to have access to justice