Published by: Heather Cowley

Tribunal Fees deemed unlawful by Supreme Court

The Supreme Court has delivered Judgment in a claim brought by Unison that the Tribunal Fees Order 2013 (Fees Order) - which introduced tribunal fees in July 2013 - is unlawful. The Supreme Court has held that they prevent access to justice.

Therefore, from today, Claimants can again bring claims in the employment tribunal (ET) without paying fees. Further it is expected that fees already paid will be reimbursed by the Government.

Employers should be aware that the previous 70% “cliff-drop” fall in claims, which occurred when tribunal fees were introduced, may reverse.

More analysis of this critical Judgment will follow.