Issue fees for Employment Tribunals? What’s your view?
The Employment Appeal Tribunal (EAT) has informed a litigant who started 31 separate Employment Tribunal proceedings within 28 months that he is now precluded from bringing any further cases.
Anthony Bennett, a photographer and former entertainer, issued claims for age and disability discrimination across the country. He did not attend any of the hearings for his claims all of which were brought between 3rdJune 2009 and 29th September 2011.
The EAT said that Mr Bentley would either apply for a job or inform a potential employer that he was available. When he did not receive a job offer he would issue proceedings.
The EAT imposed an indefinite ‘restriction of proceedings order’ on Bentley under section 33 of the Employment Tribunals Act 1996 which now bars him from starting or continuing any proceedings before an Employment Tribunal or the EAT without permission.
This case will add more fuel to the recent proposals for there to be an issue fee when an Employment Tribunal claim is issued.
If a fee is to apply, then what level of fee will be appropriate?