Supreme Court considers Unison’s employment tribunal fees challenge

by Sheena Court

26/06/2017 09:39:18 | News
< Back to News and Insights

The long-running legal challenge to the introduction of employment tribunal fees is nearing its conclusion following a hearing at the Supreme Court.

Tribunal fees were first introduced in 2013 and since July of that year anyone who has been treated unlawfully or unfairly by their employer, and who wants to challenge them at an employment tribunal, has had to pay a fee, which ranges from £390 to as much as £1,200.

Back in January this year, the government produced a review of the impact of fees showing that there had been a 70% drop in the number of cases since July 2013.  It indicated that low-paid women, especially those treated unfairly when they were pregnant or on maternity leave, have been the biggest losers.

UNISON’s case to the Supreme Court will assert that the government’s decision to demand a fee from anyone taking their employer to court has stopped many thousands of badly treated employees – especially those on low incomes – from getting justice.   If the case goes in favour of the government it will mark the end of the appeal process for the union, which has been engaged in a four year legal battle. Unison’s case was first heard in the High Court in 2013 and the Court of Appeal in April 2015. However, its claims were dismissed both times.

Unison was represented by Dinah Rose QC of Blackstone Chambers instructed by Unison’s in-house legal officer, solicitor Shantha David. The Lord Chancellor was represented by David Barr QC, of Temple Garden Chambers. Summing up, Rose said ‘it is unlawful for the lord chancellor, by delegated legislation, to introduce a fee scheme that makes enforcement of UK employment law rights uneconomical’. In earlier arguments she said the fees scheme had ‘clearly had a very serious impact on rights of access to justice, shutting out large numbers of the small claims that the tribunal was set up to hear.’   Barr said it was ‘entirely justifiable’ to charge different fees for different levels of service. He added that all alternative systems would be worse than the current ‘two tiered system’.

Judgment is expected within six months.

Share to -

Our Products Contact Us
  • BTE Insurance
  • Landlord Legal Protection
  • Landlord Legal and Rent Protection
  • Agent Revenue Protection
  • Residential Freeholder Legal Protection
  • Residential Landlord Emergency Assistance
  • Landlord Buildings and Contents
  • Key Protect
  • Excess Protection
  • Motor Breakdown Assistance (Personal and small commercial {up to 3.5 tonnes GVW})
  • Vehicle Assist(Personal)
  • Early Termination Insurance
  • Guaranteed Asset Protection
  • Private Motor Excess Protection
  • Commercial Legal Protection
  • Commercial Legal Protection Property Owners
  • Trade Association Legal Protection
  • Group and Affinity Legal Protection
  • Family Legal Protection
  • Home Emergency Assistance
  • Home Buyers’ Costs and Home Sellers’ Costs
  • Tenant Contents
  • Park and Leisure Home Legal Protection
  • Student Guarantor Protection
  • Tenant Deposit Legal Protection
  • Watercraft Legal Protection
  • Property Services
  • Title Insurance
  • New policies for Contingent Building Insurance and Environmental cover
  • Home Emergency Assistance
  • Key Protect
  • Home Buyers’ Costs and Home Sellers’ Costs
  • Tenant Contents
  • Excess Protection
  • Professional Indemnity
  • Lender Protection
  • Landlord Buildings Insurance

Legal Protection Group Limited, Trading as LPG, are an appointed representative of Riviera Insurance Services Limited, who are authorised and regulated by the Financial Conduct Authority (FCA) under Firm Reference Number 786116. You may check this on the Financial Services Register by visiting the FCA website.

LPG is registered in England and Wales (Company Number 10096688). Registered address: 8 Pinkers Court, Gloucester Road, Rudgeway, Bristol BS35 3QH