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Fess charged to defendants would be beyond unjust.

A fee of £100 - waived where a court fee would be waived for claimants - would be fair; enough to make people think before they issue.

The real injustice is the no-adverse-costs regime. I do not see how there can be a level playing field when employers - especially in discrimination cases where the compensation is unlimited - have no real choice but to be represented but cannot recover their costs if they win. At the absolute minimum Part 36 should apply - and if the claimant discloses the offer the Tribunal should have no discretion; end the hearing, costs thrown away to be paid in any event, to be assessed and paid up front before another date is set.

And there should also be a contribution regime. If employee A harasses or makes racist remarks to employee B who sues employer C, why should not C be able to seek contribution or indemnity from B? Obviously if B has no means the loss will fall on C, but C should have the chance to get out of B what B can pay.