Employment tribunal fees unlawful, Supreme Court rules – Great Victory!

Published July 26, 2017 at 10:01

Fees for those bringing employment tribunal claims have been ruled unlawful, and the government will now have to repay up to £32m to claimants.

The government introduced fees in 2013 to reduce the number of malicious and weak cases, but that led to a 79% reduction over three years.

Trade union Unison argued that the fees prevented workers getting access to justice.

The Supreme Court also found fees were indirectly discriminatory to women.

It ruled the government was acting unlawfully and unconstitutionally when it introduced the fees.

Unison general secretary Dave Prentis said: “This is absolutely a tremendous victory, it’s probably the biggest victory of employment rights in this country.”

Fees ranged between £390 and £1,200 to get a case heard at a hearing. Discrimination cases cost more for claimants because of the complexity and time hearings took.

The Supreme Court found this was indirectly discriminatory because a higher proportion of women would bring discrimination cases.

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