The unlawfulness of employment tribunal and EAT fees: decision and implications

The following Employment practice note provides comprehensive and up to date legal information covering:

  • The unlawfulness of employment tribunal and EAT fees: decision and implications
  • The fees regime
  • The Supreme Court’s decision in R (on the application of Unison) v Lord Chancellor
  • Presidential Case Management Orders following decision
  • Fees no longer payable in the employment tribunal or EAT
  • No new requests to pay fees
  • Notices to pay fees that were outstanding on the date of the decision
  • Reimbursement of fees already paid by claimants and respondents
  • Details of reimbursement scheme
  • Reinstatement of claims and appeals previously rejected, dismissed or struck out for non-payment of fees
  • More...

The unlawfulness of employment tribunal and EAT fees: decision and implications

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

The employment law landscape was dramatically changed by the Supreme Court’s decision in R (on the application of Unison) v Lord Chancellor, on 26 July 2017, that the fees regime, which had been in place since 29 July 2013, was unlawful ab initio (ie from the start). The decision had immediate practical implications in respect of both:

  1. new claims and new decisions on existing proceedings, and

  2. actions that had already been taken as a result of the fees regime and the related ET Rules and Employment Appeal Tribunal Rules which enforced it

This Practice Note provides an outline of:

  1. the fees regime

  2. the Supreme Court’s decision in R (on the application of Unison) v Lord Chancellor

  3. announcements made by the Presidents of the Employment Tribunals and Her Majesty’s Courts and Tribunals Service (HMCTS) following the decision

  4. the key practical implications of the decision, and

  5. a timeline of events

The fees regime

On

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