Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    I know of several people, all with the same ex employer, that could have gone to ET, but didn't because of the fees. Sadly, they're now out of time.


  2. #42
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    Quote Originally Posted by lostfaith View Post
    I don't understand why such a short time limit less than 3 months.
    Several reasons, but the two primary ones are that when tribunals were first set up their intention was to give quick results and immediate financial relief to people treated unfairlyicon. That had been overtaken by lengthier lists and more complex cases than used to end up in tribunals. But linked to that is a simple fact. It's either unfair and you can prove it, or it isn't and/or you can't. As a rule of thumb, if you don't have evidence of unfair dismissal when it happens, evidence rarely turns up after the event. It does happen, but not often. The time limit was set in a different period, when things were simpler. Personally I'd think six months might be better now, but honestly, that isn't likely to happen. And I don't think anyone with two brain cells wants to encourage the government (almost any government these days) to review primary legislation! Otherwise we may end up with something a lot worse!


  3. #43
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    I agree that the 3 month time limit is too short. It catches a lot of people out.

    The reality is that the Tribunals have taken an extremely tough line on this. Extensions are rarely granted. Perhaps this will change following the abolition of tribunal fees, we will have to wait and see.

    It seems incredibly unfair when you consider that most other types of claim have a 6 year time limit. The courts are perfectly capable of dealing with a 6 year time limit for every other type of claim so I don't see why employment claims need to be any different. There are plenty of non-employment cases which face issues around old evidence, the courts seem to handle it perfectly well.

    I suspect the real answer is that (1) employment rights are statutory rather than based on common law, so are easier to change and (2) employment rights are highly political. This leads to unnecessarily complicated legislation being put in place to protect employees, followed a few years later by arbitrary restrictions on those rights to reduce the perceived burden on businesses. It isn't just the 3 month point - various (mostly conservative) governments have implemented a number of other restrictions too - for example the length of continuous employment you need to have to bring an unfair dismissal claim was recently increased from 1 year to 2 years.

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  4. #44
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Thanks for both your time to answer - glad the fees been abolished now, hopefully won't have to go through all this again.


  5. #45
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    I just saw this;


    https://www.judiciary.gov.uk/wp-cont...2-20170818.PDF

    I believe it is relevant to this topic.


  6. #46
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    the link works if you change the upper case .PDF to lower case, or:
    https://tinyurl.com/ybf47r87


  7. #47
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    "...will be announced shortly" define shortly. Could be weeks, or months!


  8. #48
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Just thought I'd update as I read this yesterday -

    https://www.lawgazette.co.uk/law/tri...063708.article

    It is also confirmed on the MOJ website -

    https://www.gov.uk/government/news/a...heme-rolls-out

    The opening phase of the refund scheme is complete and has been successful, therefore the MOJ are rolling this out to all potential claimants...


  9. #49
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Thanks Supervillain. I found the same yesterday.


  10. #50
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by SuperVillain View Post
    Just thought I'd update as I read this yesterday -

    https://www.lawgazette.co.uk/law/tri...063708.article

    It is also confirmed on the MOJ website -

    https://www.gov.uk/government/news/a...heme-rolls-out

    The opening phase of the refund scheme is complete and has been successful, therefore the MOJ are rolling this out to all potential claimants...
    Thanks for this.


  11. #51
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    I take it that those who took two employers to the Tribunal would have to wait


  12. #52
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    Default Re: Employment tribunal fees ruled unlawful by high court - 32M in refunds

    Quote Originally Posted by Sangie595 View Post
    Ridiculous. The only advice ACAS gives out that is not available everywhere is given by their contactt centre - and it's always wrong! Neither ACAS nor CAB (nor anyone else) gets secret information from the government.

    We have obtained legal advice on this matter, and the advice we have received is that there is no case for submitting an out of time claim on the basis that the individual, at the time, considered that they couldn't afford it. There were terms available for people to claim set aside of fees if they were deemed unable to pay. The law is therefore not responsible for people who chose not to party because they didn't qualify for fee remission. I'm not going to enter into a debate on that, because I personally don't agree that the remission scheme was effective, nor that it provided remission for people living "on the edge". My personal opinion is not relevant. The fact is that such a scheme existed, and its existence demonstrates that nobody needed to go without making a claim, so their decision to spend money on other things was a personal choice. Therefore that is the choice they made. I don't like it. It isn't the way I see things. But we are advised that any attempt to argue otherwise in court will go all the way to the Supreme Court, is doomed to fail, and will be very expensive. And that advise came from the chambers of three of the countries top employment law barristers. And cost a great deal of money just for that!

    Just seen this


    https://www.lawgazette.co.uk/news/em...062460.article



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