With the Employment Rights Bill likely to complete its passage through Parliament in early November, focus is starting to turn towards implementation of the new and expanded rights that it will bring. But the rights themselves are only part of the picture – proponents of the reforms would say that, if protections for employees are to be effective, they need to be backed up by accessible routes for employees to enforce those rights.
It’s that theme of enforcement that has featured in various press reports in recent weeks. Rumours of the potential reintroduction of Employment Tribunal fees made it into press reports in early October, before they were quickly quashed by the government last week, with the deputy prime minister David Lammy saying “it will remain free to bring a case to an employment tribunal, ensuring everyone, no matter their means, can stand up for their rights at work.” Cue much relief from trade unions.
Jumping to the other end of the Employment Tribunal lifecycle, the ability of claimants to recoup Tribunal awards has also been hitting the headlines. The Bureau of Investigative Journalism (TBIJ) has published data indicating that since 2016 over 7,000 workers have sought help from the Employment Tribunal penalty enforcement scheme to recover unpaid Tribunal awards and legally binding settlements. According to TBIJ’s report (based on data obtained through a freedom of information request), those workers asked for help to recover awards and settlements...
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