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Rumours about reintroduction of tribunal fees scotched by Home Sec
Last week, the government was reportedly considering the reintroduction of ET fees, sparking concern that access to justice for workers could be impacted. The ET fee proposal was originally reported in The Guardian – and was presented as stemming from funding pressure on the Ministry of Justice. Speculation around fees came against a backdrop of an expected rise in ET claims when the Employment Rights Bill (ERB) introduces new rights and strengthens existing ones. ‘Day one’ unfair dismissal rights and increasing the time limit to bring ET claims from 3 to 6 months could both result in an uplift in ET applications at a time when the system is already under strain. The TUC reacted quickly to the report, noting that fees could price many low-paid workers out of justice. Personnel Today also reported that Unison (behind the successful challenge to the previous fee regime) is of the view that new rights in the ERB will be “meaningless” if workers can’t afford to enforce them. The Home Secretary has now ruled out fees. He is quoted as 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”.
Northern Ireland progresses gender pay gap reporting rules
The Department for Communities responded to its 2024 consultation on the Gender Pay Gap Information Regulations. In its response on proposed gender pay gap measures, the DfC confirmed its position in relation to key aspects of implementation. Under the new framework, employers with 250 or more employees will be required to publish annual gender pay gap data. The DfC rejected calls to lower the threshold to include smaller employers at this stage, but left the door open to future expansion. It also agreed that employers within the scope of the regulations should produce and publish action plans - it will provide guidance to assist employers. The DfC is giving further consideration to sanctions but will encourage employers to comply in the first instance. The Northern Ireland regulations are expected to come into force in early 2027, although employers will not be expected to publish the required information immediately. The move aligns Northern Ireland more closely with the rest of the UK, where similar reporting duties have applied since 2017. The ERB will introduce gender pay gap and menopause action plans as well as ethnicity and disability pay gap reporting in the rest of Great Britain.
One in seven women experience workplace sexual harassment
Nearly one year on from the introduction of the employer duty to take “reasonable steps” to prevent sexual harassment at work, a survey reveals one in seven women experience workplace sexual harassment. The sexual harassment survey was carried out by the organisation behind Walksafe, a personal safety app, and has been reported in the media. The survey suggests that more can be done to implement the new preventative duty. Many employers are already going beyond simply updating policies or introducing elearning modules, since compliance requires a comprehensive and embedded cultural shift. However, common gaps include:
• inadequate training that lacks practical relevance or regular refreshers;
• failure to conduct risk assessments to identify where harassment is most likely to occur;
• weak reporting mechanisms that discourage disclosure or fail to protect complainants; and
• neglecting third-party risks, such as harassment by customers and personnel supplied by clients or suppliers.
ETs now have the power to increase compensation by up to 25% where an employer is found to have breached this duty, creating a financial and reputational risk. The equality regulator EHRC has signalled its continued intent to actively enforce the new duty, which it can do even without an ET claim. The ERB will also further strengthen employers’ obligations so that “all reasonable steps” must be taken to prevent sexual harassment.
This page is updated weekly with News and Views from that week’s employment weekly briefing email. For previous articles, please contact us: Employment Law Plus.
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Employment law horizon watching | Upcoming employment law changes