In a recent development, the Scottish Government has announced its intention to scrap Employment Tribunals fees.
In the Programme for Government 2015-2016 entitled "A Stronger Scotland", the First Minister Nicola Sturgeon has committed to abolishing fees to ensure that "employees have a fair opportunity to have their case heard".
Employment Tribunal fees were introduced in July 2013. Currently claimants have to pay a fee of up to £250 to submit a claim and lodge a further fee of up to £950 when a hearing date is set. There is limited scope for fee remission. The result has been a dramatic reduction in the number of claims raised.
The Scottish Government's announcement will be welcomed by trade unions and others. Last month the Court of Appeal dismissed Unison's call for a judicial review of the fee regime. The Law Society of Scotland also recently called for a review of Employment Tribunal fees, claiming they were a "major barrier to justice".
Some in the business community may be less impressed. Under the current Employment Tribunal Rules, where an employer "carries on business in Scotland", the Scottish Tribunals have jurisdiction to hear claims regardless of where in the UK the employee is based. This means that the number of claims from employees throughout the UK may rise. It is also likely to increase the administrative burden on the Scottish Tribunal Service.
The timescale for the abolition of fees is as yet unclear. At this stage the recommendations of the Smith Commission have not been implemented and the Scottish Government are still in the process of consulting on the terms of the Scotland Bill with the UK Parliament. It has stated that it will abolish Tribunal fees when it is "clear on how the transfer of powers and responsibilities will work".
The UK Government's review of the Employment Tribunal system is expected to be completed towards the end of the year.
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