The Lib Dems are now in danger of excessive optimism

Even on a generous reading, the party is still on course to lose nearly half of its 57 seats.

They're trailing UKIP in the polls and rarely score above 10 points. They've lost a third of their members since 2010 (down from 65,038 to 42,501) and more than a thousand of their hard-won councillors. They ran a deficit of £410,951 last year and are struggling to raise the funds required to fight an adequate general election campaign. So why, ahead of the opening of their conference in Glasgow tomorrow, are the Lib Dems so cheerful?

The first reason is that the next election appears increasingly likely to result in another hung parliament. While the party could yet face a wounding left-right split if forced to choose between the Tories and Labour (both of whom could conceivably win enough seats to form a majority government with Lib Dem support), the thought of again holding the balance of power and negotiating concessions (proportional representation for local government!) is an intoxicating one.

The second is that the party believes both that a significant number of its 2010 supporters will return to the fold before 2015 and that it is performing better than the headline figures suggest. Were the results of the latest YouGov poll (which has them on 8 per cent) replicated on a uniform swing, the Lib Dems would retain just 17 of their 57 seats. But as the party's activists rejoice in pointing out, their vote is holding up, and even improving, in their heartlands. The Eastleigh by-election, which the party won comfortably in the most adverse circumstances (recall the misdemeanours of the two Chris's: Huhne and Rennard), is offered as ultimate proof that they are not heading for electoral apocalypse. Where the party is well organised and where it can appeal for tactical votes from Labour supporters (the Tories are in second place in 37 of the 57 Lib Dem seats), it can still win. It is this faith that explains why those calling for Nick Clegg's head are still limited to maverick non-MPs such as Lembit Opik and Lord Oakeshott. 

But if they were once suffering from an excess of pessimism, many Lib Dems now appear overly optimistic. Even if their vote share rises to 15% before 2015, the laws of arithmetic mean they cannot expect to win many more than 30 seats. The party's intention to fight the next election as "57 Eastleighs" ignores the fact that this simply isn't possible. While the Lib Dems were able to pour thousands of activists and cabinet ministers into the constituency, they won't be able to do so when fighting on 56 other fronts at the same time. After decades of advancement, the party is still on course for its worst performance since 1992, losing around half of its seats. If it isn't dreading the evening of 7 May 2015, it really should be. 

Nick Clegg leaves Number 10 Downing Street to attend Prime Minister's Questions. 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.