Employment Tribunal Fees Stay For Now

Employment Law

The High Court has rejected Unison’s application for judicial review of the introduction of Employment Tribunal Fees in July 2013, although there is plenty of scope for further challenge of the fee regime.

Unison’s application was made on the grounds that the regime breached EU law and adversely affects minority groups. Indeed, many were surprised when the fee regime was mooted, and then implemented, as the level of fees concerned does appear to be contrary to the principle of access to justice for the most vulnerable.

The High Court in making its decision held that the remission system i.e. reduction in fees for those who have difficulty paying them,  counteracts the problems those in financial difficulties might encounter in bringing a claim, so the European laws regarding effective remedies are not breached. Further the High Court indicated that there is not yet sufficient evidence available to demonstrate that minority groups have, or will be, affected by the fee regime. The matter is therefore open for further challenge should such evidence arise, and Unison intend to appeal the High Court’s ruling.

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Jacqueline Penfold
Jacqueline Penfold
Tina Ripley
Tina Ripley