Boris kicks Andrew Mitchell while he's down

Police were right to threaten the Chief Whip with arrest for swearing, says the Mayor of London.

Boris Johnson now rarely misses a chance to cause mischief at the expense of David Cameron's government and the Andrew Mitchell saga is no exception. Interviewed earlier today, he said:

If I read the papers correctly there was a proposal to arrest Mr Mitchell for what he said. That seems to be wholly commonsensical. The Public Order Act does allow for police officers' discretion in this matter. They have obviously decided not to go ahead with it. But it shows the gravity of this offence.

With these words, however, he was merely upholding the stance he outlined at last year's Conservative conference, when, to cheers from delegates, he declared that "If people swear at the police, they must expect to be arrested. Not just because it's wrong to expect officers to endure profanities, but it's also because of the experience of the culprits. If people feel there are no comebacks, no boundaries and no retribution for the small stuff, then I'm afraid they will go on to commit worse crimes."

Boris Johnson said it was "wholly commonsensical" for police to threaten Andrew Mitchell with arrest. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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How tribunal fees silenced low-paid workers: “it was more than I earned in a month”

The government was forced to scrap them after losing a Supreme Court case.

How much of a barrier were employment tribunal fees to low-paid workers? Ask Elaine Janes. “Bringing up six children, I didn’t have £20 spare. Every penny was spent on my children – £250 to me would have been a lot of money. My priorities would have been keeping a roof over my head.”

That fee – £250 – is what the government has been charging a woman who wants to challenge their employer, as Janes did, to pay them the same as men of a similar skills category. As for the £950 to pay for the actual hearing? “That’s probably more than I earned a month.”

Janes did go to a tribunal, but only because she was supported by Unison, her trade union. She has won her claim, although the final compensation is still being worked out. But it’s not just about the money. “It’s about justice, really,” she says. “I think everybody should be paid equally. I don’t see why a man who is doing the equivalent job to what I was doing should earn two to three times more than I was.” She believes that by setting a fee of £950, the government “wouldn’t have even begun to understand” how much it disempowered low-paid workers.

She has a point. The Taylor Review on working practices noted the sharp decline in tribunal cases after fees were introduced in 2013, and that the claimant could pay £1,200 upfront in fees, only to have their case dismissed on a technical point of their employment status. “We believe that this is unfair,” the report said. It added: "There can be no doubt that the introduction of fees has resulted in a significant reduction in the number of cases brought."

Now, the government has been forced to concede. On Wednesday, the Supreme Court ruled in favour of Unison’s argument that the government acted unlawfully in introducing the fees. The judges said fees were set so high, they had “a deterrent effect upon discrimination claims” and put off more genuine cases than the flimsy claims the government was trying to deter.

Shortly after the judgement, the Ministry of Justice said it would stop charging employment tribunal fees immediately and refund those who had paid. This bill could amount to £27m, according to Unison estimates. 

As for Janes, she hopes low-paid workers will feel more confident to challenge unfair work practices. “For people in the future it is good news,” she says. “It gives everybody the chance to make that claim.” 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.