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Citizens Advice celebrates success in closing shameful Employment Tribunal loophole

21 May 2009

Eight years after it first highlighted a shameful loophole in the Employment Tribunal system which means that thousands of successful Employment Tribunal claimants never receive their money, Citizens Advice is at last celebrating success.

On Tuesday 19 May the Ministry of Justice announced that it was to introduce “tough new measures to improve the payment of Employment Tribunal awards and reduce the costs of enforcing unpaid ones”, which will include commissioning a firm of High Court Enforcement Officers to conduct pro-active enforcement on behalf of individual claimants The measures are based on recommendations made to the government in Citizens Advice October 2008 report, Justice denied.

The report was based on evidence from bureaux around the country and highlighted how all too often rogue employers were exploiting the system and failing to pay up.

As a result of this success the charity has also been shortlisted for ‘Voluntary Sector Campaign of the Year’ in the prestigious Public Affairs News Awards.

Citizens Advice employment policy officer Richard Dunstan says:

“We are extremely pleased that the government has, at long last, acknowledged the need to close this loophole in the employment tribunal system. The new enforcement regime will help protect vulnerable workers, and will ensure greater fairness to the great majority of employers who play by the rules.

Currently, the process to recover unpaid awards is complex, lengthy and costly, leading many claimants to give up the struggle though frustration, anxiety and mounting expense. The introduction of enforcement by High Court Enforcement Officers will reverse this imbalance of power, and protect the credibility of the tribunal employment system.”

Justice denied was the charity’s third report on this issue since 2001, and formed part of a wider campaign which involved local Citizens Advice Bureaux and national policy, campaigns, press and public affairs teams working together to call for change.

Citizens Advice used the passage of the Employment Bill through Parliament in 2008 as a key opportunity to press for a change in the law. Support was secured via both Peers in the House of Lords and MPs, who put forward an amendment to the Bill. Although the amendment was unsuccessful, the debates in both Houses of Parliament ensured that the issue remained on Ministers’ desks.

Citizens Advice Bureaux across England and Wales also wrote to their MPs to seek their support, citing examples from their own advice work. Additionally, Citizens Advice staff met with Ministers, opposition spokespeople and officials to present ideas on how to change the law, and secured the support of both the TUC and CBI.

When the Justice denied report was launched in October 2008, a targeted media campaign resulted in coverage in the Times and Sun and interviews on the BBC 1 Breakfast Show and Radio 5 Live.

Richard Dunstan continues:

"Citizens Advice has a history of campaigning tirelessly to achieve justice for people who are unfairly treated. This social policy success is a positive example of the entire organisation working together to achieve real change. We are delighted to have been recognised for our achievement by being nominated for the Public Affairs News awards."

To vote for Citizens Advice to win the ‘Voluntary Sector Campaign of the Year’ in this years Public Affairs News awards visit: www.publicaffairsnews.com/panawards/voting

The report Justice denied is available at: www.citizensadvice.org.uk/justice_denied

Notes to editors

  1. The Citizens Advice service comprises a network of local bureaux, all of which are independent charities, and national charity Citizens Advice. Together we help people resolve their money, legal and other problems by providing information and advice and by influencing policymakers. For more information in England and Wales see citizensadvice.org.uk
  2. The advice provided by the Citizens Advice service is free, independent, confidential, and impartial, and available to everyone regardless of race, gender, disability, sexual orientation, religion, age or nationality. For online advice and information see adviceguide.org.uk
  3. Citizens Advice Bureaux in England and Wales advised 2.1 million clients on 7.1 million problems from April 2010 to March 2011. For full 2010/2011 service statistics see: citizensadvice.org.uk/press_statistics
  4. Out of 22 national charities, the Citizens Advice service is ranked by the general public as being the most helpful, approachable, professional, informative, effective / cost effective, reputable and accountable. (nfpSynergy’s Brand Attributes survey, May 2010).
  5. Most Citizens Advice service staff are trained volunteers, working at around 3,300 service outlets across England and Wales.