Supreme Court rules that tribunal fees are unlawful

Caroline Cobain
Legal Director
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Since their introduction back in 2013, employment tribunal fees have been a highly controversial topic, with many viewing them as unfair. The number of tribunal claims has dropped dramatically over the years since their introduction and Unison had challenged the fees regime as a barrier to access to justice. The matter, and Unison’s ongoing challenge, was finally decided upon by the Supreme Court this morning.

The Supreme Court has ruled that the Government acted unlawfully and unconstitutionally when introducing tribunal fees. The Supreme Court also held that the introduction of the fees regime was indirectly discriminatory on grounds of sex because, statistically, more women than men would bring tribunal claims.

The Government will now require to halt fees and compensate those who have incurred costs in bringing tribunal claims.

The link to the Supreme Court’s judgement is below.

https://www.supremecourt.uk/cases/uksc-2015-0233.html

We will keep you updated as the repercussions of the decision unfold.

Topics: Employment Tribunal Fees