Employment Tribunal Fees – Supreme Court Decision

26th July 2017 | Written by Miranda Martin

This morning the Supreme Court has allowed the appeal by Unison holding that the Employment Tribunals and the Employment Appeal Tribunals Fee’s Order 2013 (which led to a 70% reduction in claims) is unlawful and will be quashed.

The Supreme Court held that the Fees Order does effectively prevent access to justice and imposed unjustified limitations on the ability to enforce EU Rights and was thus unlawful under EU Law.

More information will follow shortly, but it should be noted that the Supreme Court made it clear that all fees paid between 2013 and now will have to be refunded by the Lord Chancellor’s Department (and the Lord Chancellor has agreed to do this).

Any further information regarding this article please contact Miranda Martin based at our Brighton & Hove office on 01273 225603 or email mirandamartin@rixandkay.co.uk.