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Challenge against Tribunal fees dismissed
InThe Court of Appeal has rejected Unison’s challenge to the introduction of Employment Tribunal and EAT fees in R (on the application of Unison) v Lord Chancellor (Equality and Human Rights Commission intervening). Lord Justice Underhill commented that the decline in claims due to fees needed more evidence than that it was just the affordability of fees causing this and not simply a drop in numbers. He also held that the availability of remission meant that the fee system was not unaffordable so that there was no remedy under European Union law. The arguments about indirect discrimination and public sector equality duty were also dismissed.
However Lord Justice Underhill did note that the Government itself is undertaking a separate review of the fees regime.
Unison has indicated its intention to appeal to the Supreme Court.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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