My Lords, this is a fairly simple and straightforward issue. Currently, when a judge decides that a claim has little reasonable prospect of success he can order a claimant to pay a deposit of up to £1,000 as a condition of their claim proceeding. However, judges can issue dispute orders only when they consider that an entire claim is weak. Clause 16 would enable judges to impose a deposit where they consider that just part of a claim is weak. However, the TUC, to which I am indebted for this briefing, believes that employment tribunals already have sufficient powers to deter weak and vexatious claims, and therefore that this measure is not necessary. The introduction of fees would mean that claimants would be required to pay significant sums in order to access an employment tribunal.
Rather than increasing the use of deposit orders, the Government should provide that where a claimant decides to withdraw a claim, or part of a claim, on the advice of judges, then the relevant fee that the man or woman has already paid should be returned. That seems quite fair to me and I hope, therefore, that the Government will be prepared to agree to this simple measure. If the claimant has already paid a deposit, takes the advice of a judge and withdraws, he should get his money back. That is quite a straightforward proposal and I hope the Minister will be prepared to accept it.
5.45 pm