Inaccessible Justice: What Happens to Workers Who Don't Pursue Employment Claims?

Emily Rose, Eleanor Kirk, Nicole Busby, Rhiannon Sims

Research output: Book/ReportOther report

Abstract

This report details findings from a pilot study that considered the experiences of workers who faced a workplace dispute that constituted a potential claim in the Employment Tribunal (ET) but, for whatever reason, did not pursue that claim. Two specific questions were examined. Firstly, why workers with employment disputes do not pursue potential claims against their employers. Secondly, what the costs are (financial, emotional and otherwise) for these workers of not formally accessing justice. The impetus for this work is the recent policy changes that have been introduced by the Coalition and Conservative governments to deter workers from taking claims to the ET. These include the requirement that workers must now be employed for a period of two years, instead of one, before they have the right to make a claim for unfair dismissal and the introduction of fees to take a claim to the ET. The government has largely justified these changes on the basis of the high level of costs arising from workers pursuing claims in the ET. It is claimed that such expenses are disproportionately borne by employers, in terms of time and money, and society, in terms of public expenditure and economic growth.
LanguageEnglish
Place of PublicationGlasgow
PublisherUniversity of Strathclyde
Number of pages11
Publication statusPublished - Jan 2017

Fingerprint

justice
worker
employer
dismissal
public expenditures
costs
fee
Workers
Justice
coalition
money
economic growth
workplace
experience
Employers
Government
Costs
Dispute

Keywords

  • access to justice
  • employment claims
  • workers' rights
  • employment law
  • workplace dispute

Cite this

Rose, E., Kirk, E., Busby, N., & Sims, R. (2017). Inaccessible Justice: What Happens to Workers Who Don't Pursue Employment Claims? Glasgow: University of Strathclyde.
Rose, Emily ; Kirk, Eleanor ; Busby, Nicole ; Sims, Rhiannon. / Inaccessible Justice : What Happens to Workers Who Don't Pursue Employment Claims?. Glasgow : University of Strathclyde, 2017. 11 p.
@book{fe36fa5090f043e48a182fd72ec01863,
title = "Inaccessible Justice: What Happens to Workers Who Don't Pursue Employment Claims?",
abstract = "This report details findings from a pilot study that considered the experiences of workers who faced a workplace dispute that constituted a potential claim in the Employment Tribunal (ET) but, for whatever reason, did not pursue that claim. Two specific questions were examined. Firstly, why workers with employment disputes do not pursue potential claims against their employers. Secondly, what the costs are (financial, emotional and otherwise) for these workers of not formally accessing justice. The impetus for this work is the recent policy changes that have been introduced by the Coalition and Conservative governments to deter workers from taking claims to the ET. These include the requirement that workers must now be employed for a period of two years, instead of one, before they have the right to make a claim for unfair dismissal and the introduction of fees to take a claim to the ET. The government has largely justified these changes on the basis of the high level of costs arising from workers pursuing claims in the ET. It is claimed that such expenses are disproportionately borne by employers, in terms of time and money, and society, in terms of public expenditure and economic growth.",
keywords = "access to justice , employment claims, workers' rights, employment law, workplace dispute",
author = "Emily Rose and Eleanor Kirk and Nicole Busby and Rhiannon Sims",
year = "2017",
month = "1",
language = "English",
publisher = "University of Strathclyde",

}

Inaccessible Justice : What Happens to Workers Who Don't Pursue Employment Claims? / Rose, Emily; Kirk, Eleanor; Busby, Nicole; Sims, Rhiannon.

Glasgow : University of Strathclyde, 2017. 11 p.

Research output: Book/ReportOther report

TY - BOOK

T1 - Inaccessible Justice

T2 - What Happens to Workers Who Don't Pursue Employment Claims?

AU - Rose, Emily

AU - Kirk, Eleanor

AU - Busby, Nicole

AU - Sims, Rhiannon

PY - 2017/1

Y1 - 2017/1

N2 - This report details findings from a pilot study that considered the experiences of workers who faced a workplace dispute that constituted a potential claim in the Employment Tribunal (ET) but, for whatever reason, did not pursue that claim. Two specific questions were examined. Firstly, why workers with employment disputes do not pursue potential claims against their employers. Secondly, what the costs are (financial, emotional and otherwise) for these workers of not formally accessing justice. The impetus for this work is the recent policy changes that have been introduced by the Coalition and Conservative governments to deter workers from taking claims to the ET. These include the requirement that workers must now be employed for a period of two years, instead of one, before they have the right to make a claim for unfair dismissal and the introduction of fees to take a claim to the ET. The government has largely justified these changes on the basis of the high level of costs arising from workers pursuing claims in the ET. It is claimed that such expenses are disproportionately borne by employers, in terms of time and money, and society, in terms of public expenditure and economic growth.

AB - This report details findings from a pilot study that considered the experiences of workers who faced a workplace dispute that constituted a potential claim in the Employment Tribunal (ET) but, for whatever reason, did not pursue that claim. Two specific questions were examined. Firstly, why workers with employment disputes do not pursue potential claims against their employers. Secondly, what the costs are (financial, emotional and otherwise) for these workers of not formally accessing justice. The impetus for this work is the recent policy changes that have been introduced by the Coalition and Conservative governments to deter workers from taking claims to the ET. These include the requirement that workers must now be employed for a period of two years, instead of one, before they have the right to make a claim for unfair dismissal and the introduction of fees to take a claim to the ET. The government has largely justified these changes on the basis of the high level of costs arising from workers pursuing claims in the ET. It is claimed that such expenses are disproportionately borne by employers, in terms of time and money, and society, in terms of public expenditure and economic growth.

KW - access to justice

KW - employment claims

KW - workers' rights

KW - employment law

KW - workplace dispute

M3 - Other report

BT - Inaccessible Justice

PB - University of Strathclyde

CY - Glasgow

ER -

Rose E, Kirk E, Busby N, Sims R. Inaccessible Justice: What Happens to Workers Who Don't Pursue Employment Claims? Glasgow: University of Strathclyde, 2017. 11 p.