Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has made an assessment of the potential merits of requiring organisations to contribute to legal fees when (a) an unfair dismissal and (b) a discriminatory employment practice has occurred.

Organisations can already be asked to contribute to the cost of legal fees where vexatious or unreasonable behaviour has occurred. The Employment Tribunals (ET) can issue cost orders where one side is ordered to pay the other’s legal costs. For unfair dismissal cases, if the tribunal decides a claimant has been unfairly dismissed, they can receive compensation. Compensation awards can be ‘basic’ (based on age, length of service and average weekly wage) and ‘compensatory’ (based on loss of earnings).

The Ministry of Justice has not carried out an assessment of the merits of introducing more widespread use of cost orders. This is because the Tribunal Procedure Committee (TPC) is responsible for making procedure rules in the ET that includes the rules regarding cost orders. The Lord Chancellor can consider impacts of the changes the TPC recommend before deciding whether to implement them.