Challenge to employment tribunal fees

R (on the application of Unison) v Lord Chancellor (Supreme Court)

In a remarkable turn of events, Unison’s challenge to the employment tribunal fees system succeeded at the final hurdle.
In a damning indictment of the use of high fees to reduce the number of cases, seven Supreme Court judges decided unanimously that the employment tribunal fees system is unlawful and the legislation that introduced the fees must be quashed.
The case has been described as one of the most important judgments in the history of UK employment law, and an important constitutional case, reiterating that the Government cannot use its powers to block citizens’ access to justice.
It will now have to pay back around £32 million to claimants who have already been charged a fee since they were introduced in 2013

 

 

 

 

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