Supreme Court to make decision on legality of tribunal fees within six months

29 March 2017

The Supreme Court yesterday concluded a two-day hearing of Unison’s judicial review against the government’s introduction of employment tribunal fees in 2013.

Its decision on the legality of the levies will be given within six months, marking the end of a four-year battle, in which Unison has taken the government to task at the High Court in 2013, and the Court of Appeal in 2015, before escalating their case to the highest court in the land.

Representing Unison, Dinah Rose QC of Blackstone Chambers, instructed by Unison’s in-house solicitor Shantha David, was quoted by the Morning Star as saying the fees “restrict the right to unimpeded access to justice”, argued that they discriminate against women and other protected groups, and that the number of people who do not take their case to tribunal to avoid the fee following early conciliation with ACAS is likely to be much greater than the 8,000 counted by the government. She explained that many were accepting a lesser settlement at ACAS instead “on the basis, contrary to the government’s belief, that a bad deal is better than no deal”.

Evidence was also heard from the Equality and Human Rights Commission and the government’s Lord Chancellor.