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Asymmetric risk

The justice secretary, David Lammy, has ruled out reintroducing charges for employment tribunals after a backlash from unions over the proposals.

The Guardian revealed last week that ministers were considering a plan to charge workers a fee to take their bosses to court as part of negotiations in this year’s spending review. Trade unions responded with fury, labelling the idea a “disaster”.

The employer has to bear all the costs of every attempt. Employees none of any. There are going to be more claims than might really be justified, aren’t there?

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Tractor Gent
Tractor Gent
5 hours ago

There is asymmetric power on the other side though. The employer will generally have more resources to bring to bear on the dispute. However a more or less nominal charge as for the Small Claims Court would not be unreasonable.

Ottokring
Ottokring
5 hours ago

On the other hand…

Richard Burgon MP used to be an employment rights lawyer.

Just imagine your feelings as you travel home, after having had your first session with him.

Me
Me
4 hours ago

I understood that in employment tribunal cases each side pay their own costs. The tribunal does not usually award costs to either side except in exceptional circumstances.

Where is the asymmetry?

Grist
Grist
4 hours ago

I still can’t get used to the idea that David Lammy is a government minister. He’d be dangerous as a lollipop man and if I saw him doing that I’d take my kids out of the school within the hour

Steve
Steve
3 hours ago
Reply to  Grist

I know but remember when Bev from Brookside was the Deputy Prime Minister? The collective IQ of Two Tier’s cabinet wouldn’t be enough to buy you a 5p packet of Space Raiders

Last edited 3 hours ago by Steve
Theophrastus
Theophrastus
2 hours ago
Reply to  Grist

Deputy Prime Minister, no less…

Screenshot_20241013_190750_The-Telegraph
Steve
Steve
3 hours ago

Be a lot cheaper if we reintroduced trial by combat.

I hereby volunteer to be the guy going DO DO DOO DOO DOO DOO DOO DOO DOO DOO DOO!

Koon-ut-kal-if-fee
Ottokring
Ottokring
2 hours ago
Reply to  Steve

Pity I can only give you one uptick for that ! 🙂

We’d also need some old dame to adjudicate who can’t use ‘thee’ and ‘thou’ correctly.

andyf
andyf
2 hours ago

For a simple case (e.g., basic unfair dismissal) legal fees are quoted as £15,000–£25,000 + VAT with both legal teams paying this amount. On top of this the judge and the court are paid for by the Government (i.e. us tax payers). I have no idea how much this costs but as the judge is an “independent” barrister its not going to be cheap.

The Unions don’t want charges that could dissuade claims. The legal profession most certainly won’t want anything that could hinder claims.

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