Employment Tribunal Fees declared unlawful on 26th July 2017 by the UK Supreme Court. Employment Tribunal Fees were introduced, controversially, by the Government in July 2013 and after a 4 year battle through the UK Court system, the Union UNISON finally won their case to have the Fees stopped.
You can read all the details in our dedicated page here! which gives you details of Why and How the Fees were overturned and What happens next – including the impact this may have on your business and how you manage your staff going forward.
The UK Supreme Court ruled that the current fee regime was unlawful in terms of both domestic and EU law, as the fees were not set at an affordable level and were effectively preventing access to justice, and that they imposed unjustified limitations on the ability to enforce EU rights. They were also indirectly discriminatory against women wanting to make a discrimination claim, as most people who make such a claim are predominantly female (discrimination claims fell by 83% over the same period). Lord Reed of the Supreme Court commented that “Employment Tribunal’s are intended to provide a forum for the enforcement of employment rights by employees and workers, including the low paid, those who have recently lost their jobs, and those who are vulnerable to long term unemployment. They are designed to deal with issues which are often of modest financial value, or of no financial value at all, but are nonetheless of social importance”.
Crucial reading for any business owner.