In England the Government has unveiled proposals to introduce fees for employment tribunals in the latest stage of a wider push to overhaul the regime for labour disputes – see http://bit.ly/t2thN3 . If introduced in England in due course will it be that long before such fees are introduced in Northern Ireland? Likewise, can it be that long before fees are introduced in the Republic of Ireland? The Employment Law Tribunal, when originally introduced, was meant to be a “Solicitor Free Zone”. With the application however of some much EU law in recent years in Ireland the Tribunal has since become a very strange environment for the lay person. Very few claimants / respondents will now venture into the Employment Appeals Tribunal nowadays without the assistance of both Solicitor and Counsel.
Employers will often be advised that, despite the merits of their defence, it sometimes make economic sense to settle the Claim because the employee will not be obliged to pay legal costs despite the weakness of that employee`s case. Therefore an employer against whom a Claim is made can now faced with the prospect of Claims before the Rights Commissioner, the Employment Appeals Tribunal and the Equality Tribunal – all arising from the one set of circumstances in that employee`s dismissal. While there may have been a time for such Claimants not to suffer the fear of an adverse Decision with a consequent Costs Order can this now be justified in an age where Employment legislation is very much weighed in the employee`s favour and where the interpretation and application of the complex principles of Employment Law require the retainer of Employment Law specialists.
In a time of economic crisis in Ireland when employers are met every day with the challenges of ensuring that their businesses survive is it right that an employee should have a “free crack at the whip” in making a Claim against an employer which may often be vexatious and frivolous but which the employer may be obliged to settle at an early stage simply because he cannot afford to fight it?
This BLOG is written to activate some discussion. The writer does not advocate that Costs should be applied in all instances but are there not cases which are so vexatious from the start that an employee should be under some level of concern that the progression of such a Claim might result in an Order for Costs in the event of the dismissal of a Claim. This applies in all other Claims, such as Accident Claims and even in Arbitration Proceedings. Is it not time to treat Employment Law Claims as seriously?