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It's not easy is it. Set no fees and everyone who doesn't like their employer can have a go. Set any sort of substantial fee and you exclude the poorest people from having a claim, often over unpaid wages. Perhaps the answer lies somewhere in the middle. Costs rules which punish unreasonable behaviour by the employer or employee. In other words develop the deposit order jurisdiction and make a Part 36 rule or an open offer rule. If both sides could play for and know the monetary consequences of settling as well as fighting, cases might start disappearing again. Conciliation might work if that was where the open offers were made.

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