12 July 2013
A judicial review on employment tribunal fees brought by law firm Fox and Partners will be heard by the Court of Session in Edinburgh next week.
The lawyers were unable to get the introduction of the fees – planned for 29 June 2013 – blocked altogether, but if the imposition of fees on claimants by the Department of Justice is found to be illegal by the Scottish court, the government will have to repay all charges collected from workers in England, Scotland and Wales.
The BBC quoted Carol Fox, of Fox and Partners, as saying: “In taking this legal action against the government and the imposition of fees we have raised fundamental principles regarding access to justice.
“We have obtained very significant concessions and points of clarification from the government.
“During the course of these proceedings, it became clear that the Ministry of Justice is in disarray. The wise course of action would be for the minister to take time to consider the drafting errors.”
Employment lawyer Daniel Barnett reported today that following an initial bearing this morning on the judicial review application, the case has been fast-tracked by the Court of Session and the full hearing will be held on Tuesday 16 July and Wednesday 17 July.
Fox and Partners are not the only organisation pursuing such action, as Unison recently announced it would be applying for a judicial review against the fees.