September 21, 2015

Tribunal Fees appeal dismissed…again

The Court of Appeal has dismissed Unison’s appeals against its judicial review applications challenging the legality of Employment Tribunal Fees.

Whilst “troubled” by the sharp decline in Employment Tribunal claims, the Court decided the fact of decline also needed to be supported by evidence of a lack of affordability of the fees in the financial circumstances of (typical) individuals.

However, The story on Employment Tribunal fees isn’t over, since Unison have said they will seek leave to appeal to the Supreme Court and the government has also commitment to a review of the fees regime.

On the government’s commitment, the Court of Appeal observed:

“The decline in the number of claims in the Tribunals following the introduction of the Fees Order is sufficiently startling to merit a very full and careful analysis of its causes.

“If there are good grounds for concluding that part of it is accounted for by Claimants being realistically unable to afford to bring proceedings the level of fees and/or the remission criteria will need to be revisited.”​

In addition to this, the Scottish Government has announced on the 2nd September 2015 that as part of it’s program for Scotland in 2015/2016. It will abolish Employment Tribunal fees in Scotland within the next 12 months. This is big news for employers in Scotland and Moorepay are of course on hand to support our clients throughout this transition.

You can read more about the background of this story here:

Review of Employment Tribunal Fees

Case Against Tribunal fees grows

Employment Tribunal fees – Judicial review fails

Employment Tribunal Fees to stay…for now

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About the author

Andrew Weir

Andrew has a wealth of experience in advising and representing clients of all shapes and sizes in a range of Employment Law topics from unfair dismissal through to all forms of discrimination and the complexities of TUPE. Andrew heads up our Advice Line and Advocacy teams who provide Employment Law advice to our clients 24 hours a day, 365 days a year and support our clients in presenting defences at Employment Tribunals throughout the UK & Ireland.