Tribunal claims that will increase in post-fees era

Following the decision of the Supreme Court declaring that employment tribunal fees were unlawful, here are a few claims, which are expected to increase:

1. Holiday pay – case law has suggested that voluntary overtime payments that are sufficiently regular constitute normal pay and should be included in holiday pay. There have also been many cases were the employment tribunal has determined an individual is a worker rather than self-employed entitling them to holiday pay. In light of this, there is likely to be an increase in holiday pay claims since the costly fee barrier has been removed.
2. Sex and maternity discrimination – from years of experience, it can be suggested that young mothers are more likely to experience maternity discrimination. The requirement to pay fees made it difficult for young mothers to bring employment tribunal claims as a number of them would be on low pay. With the removal of the fees barrier, there is an opportunity for more of these cases to be taken to an employment tribunal.
3. Low value cases – Since introducing the fee system, there has been a decline in the number of low value claims. Employers would often risk a dismissal on the basis that the employee was unlikely to bring a claim due to the requirement to pay a fee. These claims are all likely to increase with the removal of the fee barrier.
4. Multiple claims by unions - With the abolition of fees, the costs to Unions in bringing multiple claims will reduce and employers are likely to see an increase in union-backed claims.

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