The End of Employment Tribunal Fees?

NO, says the High Court.

Since the introduction of the Employment Tribunal and Employment Appeals Tribunal fees on 29 July 2013, there has been a notable fall in the number of tribunal claims being raised. The statistical evidence pertaining to this rather dramatic fall in the number of claims, has been the driving force behind UNISON’s recent application for judicial review to the High Court, following their failed attempt to challenge the introduction of the fees in February.

The High Court found that, whilst the statistics demonstrated that the fees had made the claimants less willing to bring claims, there was no evidence to show that an individual claimant had been unable to actually bring a claim; the fees did not therefore breach the EU law principle of effectiveness. Similarly, the Court was not convinced that the statistics demonstrated that tribunal fees place women, ethnic minorities or the disabled at a substantial disadvantage.
Watch this space…despite the judgment, the Court has given permission to appeal leaving the door open for a disadvantaged Claimant to bring a test case.

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