Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Pregnancy and maternity discriminationEmployment tribunalsTrade unionsHolidays and holiday paySex discrimination

Five tribunal claims that will increase in post-fees era

by Zuraida Curtis 30 Aug 2017
by Zuraida Curtis 30 Aug 2017 'Gig economy' cases on employment status, such as the recent example of Addison Lee, could increase
Richard Gardner/REX/Shutterstock
'Gig economy' cases on employment status, such as the recent example of Addison Lee, could increase
Richard Gardner/REX/Shutterstock

Following last month’s decision of the Supreme Court declaring that employment tribunal fees were unlawful, the number of tribunal claims are expected to soar. Zuraida Curtis looks at five types of case that will increase in the post-fees era.

Additional resources on XpertHR

Employment tribunal fees unlawful, rules Supreme Court

Employment tribunal fees stayed

Podcast: The abolition of employment tribunal fees

1. Holiday pay

The Employment Appeal Tribunal confirmed in Dudley Metropolitan Borough Council v Willetts and others that voluntary overtime payments that are sufficiently regular constitute normal pay and should be included in holiday pay.

There have also been a string of employment law cases involving companies operating in the gig economy that have resulted in individuals being classified as workers rather than being self-employed.

This means that these individuals will be entitled to basic rights, including holiday pay.

In light of these decisions, there is likely to be an increase in holiday pay claims since the costly fee barrier has been removed.

  • Gig economy: Addison Lee courier classified as worker
  • Uber appeal hearing confirmed

 

2. Sex discrimination and maternity discrimination

Research undertaken by the Young Women’s Trust this year showed that young mothers are more likely to experience maternity discrimination and that six times as many under 25 year olds reported being dismissed after informing employers that they are pregnant.

The requirement to pay fees made it difficult for these employees to bring employment tribunal claims as a number of them would be on low pay, having to weigh up the cost of bringing a claim against the other stresses and priorities that pregnancy brings.

With the removal of the fees barrier, there is an opportunity for more of these cases to be taken to an employment tribunal.

  • Employment law manual: pregnancy and maternity discrimination

 

3. Equal pay

Gender pay gap reporting came into effect on 6 April 2017, requiring organisations with 250 employees or more to publish annual figures demonstrating the pay gap between male and female employees.

Pay gap reporting made the headlines again when the BBC published its pay report recently. With the publication of pay gaps within a company, there is an increased risk to employers that equal pay claims will rise now that the fee barrier has been removed.

  • Gender pay gap reporting: five questions from HR

 

4. Low value cases

The introduction of the fee system resulted in a sharp decrease in low value claims. Employers faced little risk from an employee on a lower salary, who was able to mitigate his or her loss quickly.

In recent years, employers also faced a low risk of claims brought by employees with under two years’ service, such as an employee dismissed during his or her probationary period.

A number of employers would 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. It is also quite possible that employees with short service will be more willing to bring discrimination and whistleblowing claims.

  • How to decide whether to settle or fight an employment tribunal claim

 

5. Multiple claims by unions

The Supreme Court decision to end tribunal fees was a huge victory for Unison and it is likely that unions will become more attractive to employees, given the positive publicity that this case has given union membership.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Employees who are unionised have more access to legal support. 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 multiple claims.

  • Employment law manual: The consequences of trade union recognition

relx_copyright – This article is Brightmine content – Copyright 2024 LexisNexis Risk Solutions

Zuraida Curtis

Zuraida Curtis is Senior Legal Editor, Employment Law and Compliance at Brightmine. Zuraida started her career in private practice before joining the consultancy field where she spent a number of years advising clients on a wide range of employment law issues. Zuraida is an experienced litigator having represented clients at employment tribunals and the Employment Appeal Tribunal.

previous post
How happiness helped Boundless grow in leaps and bounds
next post
How HR can help in a tough financial climate

3 comments

Roger 30 Aug 2017 - 2:13 pm

looks like a free for all with unscrupulous employees just taking the mick again and unions pretending they are helping so called workers , not good at all.

Esther 1 Sep 2017 - 7:48 am

As an employment law barrister fof 29 years, this will have only a marginal effect. Bit of scare mongering going on by unscrupulous employers and columnists not knowing the law.

Bill Gregory 6 Sep 2017 - 10:47 am

Esther, I think we can safely say that if an action has had a cost to exercise it, and that cost is now removed, logic dictates that the action is more likely to be taken and in that respect we can expect more claims (and an examination of the rate before fees suggests this is very likely). I’d respectfully suggest the impact will be more than marginal. Equally, it’s unlikely to be Armageddon – but sensible employers will start to plan now.

Comments are closed.

You may also like

Restaurant tips should be included in holiday pay

21 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

RCN warns Darlington NHS trust over single-sex spaces

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Tribunal finds need for degree in redundancy selection...

14 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+