Increase in the small claims limit
[ch 1: pages 14-15]Trade union solicitors Thompsons has launched the #FeedingFatCats campaign (http://feedingfatcats.co.uk) to oppose government plans to increase the small claims limit and take away the right of injured people to have free and independent legal advice in road accident cases up to £5,000, and in all other cases (including accidents at work) up to £2,000. The government is using the Civil Liability Bill, currently going through parliament, to give powers to ministers to bring in these changes through regulations.
Unions are also campaigning against the proposals and point out that the complexity of workplace injury cases makes them entirely unsuitable for a small claims court, where the costs of taking a case cannot be recovered.
Shopworkers’ union Usdaw explains that members injured at work receive “a first-class legal service” from the union and 100% of the compensation recovered.
“Workplace injuries and diseases are often complicated cases that cannot easily be taken by individuals without proper legal representation,” said Usdaw general secretary John Hannett. “Raising the small claims court limit could mean some of those costs falling on the victim, which is grossly unjust. Beyond the effects on individuals, there could be an effect on health and safety at work. Our efforts to make workplaces safer would be undermined if employers were not financially liable for accidents and diseases because workers cannot access justice. Less scrupulous employers will undoubtedly let safety standards slip.”
He said the government should “think very carefully about how they proceed, to ensure that there aren’t unintended consequences for workers’ health and safety”.