• Helene Berard

Employment Tribunal: tribunal fees deemed illegal!

In the case of R (on the application of UNISON) v. Lord Chancellor, the UK Supreme Court ruled yesterday that employment tribunal fees, introduced by the Government in July 2013 under a fees order, are unlawful, after an appeal was made to the Court by the trade union Unison.

The Supreme Court said that the current regime of employment tribunal (ET) fees and employment appeal tribunal (EAT) fees prevents access to justice and therefore is unlawful under both domestic and EU Law.

Since the fee system came into force on 29 July 2013, there has been a dramatic and persistent fall in the number of claims being brought, especially lower value claims.

This judgment means that with immediate effect, fees will no longer be payable to bring claims in the ET or appeals in the EAT.

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