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July 26, 2017

Supreme Court rule Employment Tribunal fees are unlawful

UNISON sought judicial review of the Fees Order because it unlawfully prevents/restricts access to justice.

The Supreme Court today allowed UNISON’s appeal. It held that fees imposed in respect of proceedings in employment tribunals (ET) and the Employment Appeal Tribunal (EAT) are unlawful because of their effects on access to justice. This means that the government must repay fees paid by claimants to date.

Until the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (the Fees Order) came into force, a claimant could bring and pursue proceedings in an ET and appeal to the EAT without paying any fee. However, the Fees Order prescribes various fees with amounts depending on the type of claim and whether a single claimant or a group brought it.

UNISON sought judicial review of the Fees Order because it unlawfully prevents/restricts access to justice.

The lower courts dismissed UNISON’s claim. However, a seven-judge Supreme Court unanimously allowed its appeal. It held that the Fees Order was unlawful from the beginning “ab initio” and must therefore be quashed. The judgement is deemed as a massive win for workers.

View the full judgment here or speak to employment lawyer Karen Cole to learn more.

Note: This is not legal advice; it provides information of general interest about current legal issues.

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