The Government is proposing to force more injured workers through the small claims court by doubling the threshold to £2,000. The committee rejected a reasonable and fair compromise of raising the threshold to £1,500, which is backed the independent cross-party Justice Select Committee.
 
Paddy Lillis - Usdaw General Secretary says: “I’d like to thank the Labour MPs who took our Justice for Injured Workers campaign to the committee by tabling an amendment to the Civil Liability Bill. It is deeply disappointing that the Government and their MPs rejected this compromise.
 
“The proposed reforms are unfair, unnecessary and will significantly restrict access to justice for injured workers in England and Wales. The Government is forcing more injured workers into the small claims court, where the costs of legal representation cannot be recovered from negligent employers. The only beneficiaries will be unscrupulous employers and claims management companies.
 
“Our Justice for Injured Workers campaign continues. We will now be seeking a vote of the whole House of Commons on the Government’s deeply damaging proposals.”
 
Usdaw is deeply concerned that the Government is trivialising serious injuries incurred at work where the employer is at fault, by forcing victims into the small claims court. Usdaw is asking MPs if these injuries would be a small issue if an accident resulted in a worker suffering:

• A black eye, broken nose and split lip.
• Back pain so bad they cannot pick up their own child.
• Facial injuries and scarring.
• An ankle injury that stops them from driving for months.
• Anxiety attacks when they go back to work after being assaulted by a shoplifter.

 Usdaw believes that the increase in the small claims limit will:

• Prevent meritorious claims being brought before the courts and will create an imbalance in legal representation between claimants and defendants.
• Worsen health and safety standards within the workplace, increasing the risk of an employee being injured while restricting their ability to seek redress.
• Significantly increase incidents of cold calling and fraudulent claims, because of the prevalence of case management companies who will fill the vacuum created when regulated solicitors are forced to leave the market.

Constituents can help the campaign by asking their MP to oppose the Government’s plans. It’s quick and easy to do with Usdaw’s online e-mail your MP facility at: www.usdaw.org.uk/Justice4InjuredWorkers
 
Notes for editors:
 
Usdaw (Union of Shop, Distributive and Allied Workers) is the UK's fifth biggest and the fastest growing trade union with around 430,000 members. Membership has increased by more than 28% over the decade. Most Usdaw members work in the retail sector, but the union also has many members in transport, distribution, food manufacturing, chemicals and other trades.
 
Public Bill Committee - 11 September 2018 - Civil Liability Bill (Lords)
https://publications.parliament.uk/pa/cm201719/cmpublic/CivilLiability/PBC240_Civil_Liability_Bill_Combined_1-2_11_09_2018.pdf
 
House of Commons Justice Committee - Small claims limit for personal injury - Seventh Report of Session 2017–19: “81. We are deeply unimpressed by the Ministry of Justice’s inability to quantify the potential impact of raising to £2,000 the small claims limit for employer liability and public liability claims. Given the potential complexity of these claims for self-represented claimants and evidence of the role of litigation in maintaining safe and healthy workplaces, we recommend that they continue to be subject to the lowest small claims threshold—which we have recommended should be set at around £1,500 to take account of inflation since 1999.” https://publications.parliament.uk/pa/cm201719/cmselect/cmjust/659/659.pdf
 
For Usdaw press releases visit: http://www.usdaw.org.uk/news and you can follow us on Twitter @UsdawUnion