Nonetheless, when the authority prevails against a private claimant, it must bear all its costs, unless the private party has made a frivolous claim.

It would be a foolish lawyer to take on frivolous claims on a 'no win, no fee' basis.

If the fees deter frivolous claims or spur employers and employees to settle earlier, that must be a good thing.

This would deter frivolous claims but still allow genuine claimants to obtain redress.

This should include the more than 80 per cent of cases that never reach court, often because they were frivolous claims which were pursued regardless of commercial prudence.