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Vexatious claims: Challenging the case for employment tribunal fees

Abstract:

Since July 2013, recourse to Employment Tribunals in the United Kingdom has attracted fees of up to £1,200 for single claimants. The impact of this reform has been dramatic: within a year, claims dropped by nearly 80%. In this paper, we challenge the legality of the fee regime as introduced, suggesting that it is in clear violation of domestic and international norms, including Article 6(1) ECHR and the EU principle of effective judicial protection. Drawing on rational choice theory and empir...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1111/1468-2230.12264

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Institution:
University of Oxford
Department:
Oxford, SSD, Economics
More by this author
Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Publisher:
Wiley Publisher's website
Journal:
Modern Law Review Journal website
Volume:
80
Issue:
3
Pages:
412-442
Publication date:
2017-04-27
Acceptance date:
2016-07-21
DOI:
ISSN:
1468-2230
URN:
uuid:6be9cf48-35b2-460b-b604-92327b272a26
Source identifiers:
635346
Local pid:
pubs:635346

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