Jersey should consider introducing fees for employment tribunal cases in order to deter spurious cases, in much the same way as the UK has done, according to Lindsay Edwards-Thatcher of employment law specialists, TM Legal Services.
Starting today, complainants in the UK will have to pay a filing fee and subsequently another fee once the case makes it to the tribunal. The cost of the initial application can be up to £250 and the later fee, £950 under the new UK system.
“This is a very good move forward by the coalition government in the UK and will help employers feel more confident when considering whether or not to employ extra personnel,” said Lindsay Edwards-Thatcher.
“In the years since Jersey began operating an employment tribunal system, there have been many spurious cases, which even when dropped at the last minute, still cost employers a great deal of time and money. A system which charges at the outset and then again when the case gets to the tribunal, will certainly help to weed out weak cases.
“In my experience, many of the Island’s employers are being put off taking more people on because of such a short period until Employment Law protection (26 weeks) and the subsequent possibility of having to deal with a spurious tribunal case (in a free system, everyone might as well “take a punt” whether there is any merit to the claim or not) and with unemployment still too high, a move such as this could be a real help in getting people back to work.
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