Supreme Court rules that Employment Tribunal Fees are “Unlawful”
UNISON have won a landmark victory against the government after a four year battle to overturn the Employment Tribunals and Employment Appeal Tribunals (EAT) order of 2013. The four year old order saw Employees pay up to £1,200 to bring a claim against their employers but today it was ruled unlawful and has ceased with immediate effect and with the government left to reimburse those already affected by the scheme.
The concept behind the fees was to reduce the number of weak and malicious cases bought to court, but over a four year period it led to a 79% reduction in cases allowing Lord Reed to today deliver the leading judgement (agreed with by six other Supreme Court Justices) that the common law right of access to justice (a concept that dates back to the Magna Carta of 1215) was being breached and therefore the fees were unlawful.
Sim Owolabi of Oakstead Solicitors welcomed the judgement today saying,” We welcome this decision and expect that it will serve as a clear warning against any future attempt to create an impediment against the right of financially vulnerable individuals from gaining access to the courts.”
Justice Minister Dominic Raab said the government would cease taking fees for employment tribunals “immediately” and begin the process of reimbursing claimants dating back to 2013 in a move which is expected to cost the government £32 million.