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Citizens Advice helps to close Employment Tribunal loophole

21/05/09
 

Tough new measures have been introduced to stop employers avoiding payments to successful employment tribunal claimants.

Citizens Advice has been pressing for a change in the law since 2001 in the face of evidence from bureaux around the country highlighting how rogue employers were exploiting the system and failing to pay out. Citizens Advice staff in England and Wales wrote to their MPs and representatives met with ministers, opposition spokespeople and officials to present ideas on how to change the law. They secured the support of both the TUC and CBI.

The charity’s third report on this subject, Justice Denied, was published in October 2008 and a targeted media campaign resulted in coverage in the Times and Sun and interviews on the BBC 1 Breakfast Show and Radio 5 Live.

Based on recommendations in this report, the Ministry of Justice has just announced that it is to introduce “tough new measures to improve the payment of Employment Tribunal awards and reduce the costs of enforcing unpaid ones”, which will include commissioning a firm of High Court Enforcement Officers to conduct pro-active enforcement on behalf of individual claimants.

Citizens Advice employment policy officer Richard Dunstan said: “We are extremely pleased that the government has, at long last, acknowledged the need to close this loophole in the employment tribunal system. The new enforcement regime will help protect vulnerable workers, and will ensure greater fairness to the great majority of employers who play by the rules.

"Currently, the process to recover unpaid awards is complex, lengthy and costly, leading many claimants to give up the struggle though frustration, anxiety and mounting expense. The introduction of enforcement by High Court Enforcement Officers will reverse this imbalance of power, and protect the credibility of the tribunal employment system.”

As a result of this success the charity has also been shortlisted for ‘Voluntary Sector Campaign of the Year’ in the prestigious Public Affairs News Awards.

Richard Dunstan observed: “Citizens Advice has a history of campaigning tirelessly to achieve justice for people who are unfairly treated. This social policy success is a positive example of the entire organisation working together to achieve real change. We are delighted to have been recognised for our achievement by being nominated for the Public Affairs News awards."

By Christina McLoughlin

 
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