Increase in the small claims limit


In the latest of a series of government attacks on access to justice for injured workers over recent years, the Tory government announced in February 2017 that it will increase the small claims limit for work-related personal injury claims from £1,000 to £2,000. Although this is below the £5,000 it originally proposed, the change to the law will still prevent some workers from claiming compensation and disproportionately hit the lowest paid.


According to TUC head of health and safety policy Hugh Robertson: “It will restrict the ability of unions to support these members and will also have an impact on health and safety in the workplace as there will be less pressure from insurers to deal with safety failures that lead to lower level injuries.”


The small claims route is supposed to deal with injuries that are so minor and cases so straightforward as to not need legal representation. But this is clearly not the case with workplace accidents and injuries. Cases are often complex, and injured employees will be up against their employers, who will always be legally represented.


At present, personal injury claims over £1,000 go to the County Court where a solicitor representing a claimant can claim costs for their time on top of any compensation award. In small claims, a solicitor cannot claim costs and so any fee for their services would have to come from the award. Raising the limit for personal injury claims in this way will mean that more employees are unable to recover their costs and therefore not be able to pursue a legal case.


Robertson is also worried that the move would be a stepping stone to further increases in the future. A date for this change has not yet been announced.