- Conference
- 2013 National Black Members' Conference
- Date
- 18 September 2012
- Decision
- Carried
In the light of George Osborne’s speech at the Tory Party Conference 2011 and subsequent proposals made by the Tory led Government regarding fees for Tribunals, Conference notes the particular damage any rise in fees will have for Race Discrimination cases.
Conference condemns the Tories claim that these cases are ‘vexatious’ and their attempts to make the hiring and firing of employees by employers less regulated and less subject to a legal framework.
Conference recognizes that the period for consultation on EAT’s was neither extensive nor accepting of the concerns voiced by UNISON or other unions and we encourage and stress the necessity of branches and regions to make good and varied responses to the consultation, encouraging individual black and white members to make a response.
We know that the proposals will have a direct impact upon the preparedness of black workers to register a case at Tribunal level.
The implication being Employment Tribunals are weighted in favour of the complainant, that the cost is too high and yet Government statistics show almost 40% of applicants withdraw their cases, more than 40% of applicants settle out of court with no record of the agreed settlement amount.
Even if low paid members have fees waived or reduced they may still be liable to pay other costs if their case is successful.
Conference deplores all attempts by the Tory Led Government to make victims of discrimination, in particular, race discrimination, to be disincentivised to bring forward a dispute.
We ask the National Black Members Committee to work with relevant National officers to:
1)Collate and monitor information on the number of race discrimination cases being lodged at informal and formal stages at a branch and regional level in the next year and subsequent years.
2)Collate and monitor the number of race discrimination cases being lodged at Tribunal level in the next year and subsequent years.
3)Collate, assess and review the progress of Race Discrimination cases brought by UNISON before a Tribunal.
4)Issue guidance to branches and regions on how best to support Race Discrimination cases in respect of changes brought about regarding Employment Tribunals.
5)Ensure that quarterly reports are produced using the case management system in UNISON to inform and assist Regional Black members self organized groups in monitoring and reviewing discrimination cases.