Legal News

Supreme Court quashes unlawful employment tribunal fees regime (R (on the application of UNISON) v Lord Chancellor)

Published on: 26 July 2017
Published by: LexisPSL
  • Supreme Court quashes unlawful employment tribunal fees regime (R (on the application of UNISON) v Lord Chancellor)
  • Original news
  • What is the impact of this judgment?
  • What is the background to this case?
  • The Fees Order and remission system
  • Government reviews of fees and ET statistics
  • Why did the High Court and the Court of Appeal previously dismiss Unison’s judicial reviews and appeals?
  • What did the Supreme Court decide?
  • Case details

Article summary

Employment analysis: UNISON has succeeded in the Supreme Court in its argument that the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (the 'Fees Order') is unlawful under both domestic and EU law because it has the effect of preventing access to justice. Since the Fees Order had that effect as soon as it was made, the Supreme Court found it was unlawful ab initio and must be quashed. The Supreme Court further found that the Fees Order: (1) could not be justified as a necessary intrusion on the right of access to justice, (2) had the effect of rendering other statutory employment rights nugatory, (3) imposed limitations on the exercise of EU rights which were disproportionate and therefore in breach of articles 47 and 52 of the Charter of Fundamental Rights of the European Union and, (4) was indirectly discriminatory against women in respect of the higher fees for Type B claims. or take a trial to read the full analysis.

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