Today the Supreme Court has handed down its Judgement on Employment Tribunal fees, which have been ruled unlawful. This will mean that the Government must scrap employment tribunal fees with immediate effect, and pay back to Claimants some £32m.
The Supreme Court ruled the government was acting unlawfully and unconstitutionally when it introduced the fees in 2013. The Supreme Court also ruled that the higher fees for discrimination claims indirectly discriminated against women.
The trade union UNISON brought the claim on behalf of workers that it argued were denied access to justice by the introduction of employment tribunal fees. Since 2013 there has been a 79% reduction in cases taken to an employment tribunal.
The judgment raises difficult questions for the Government about funding Employment Tribunals and ensuring that there is not a rapid rise in claims that clog up the system.
If you have any queries contact our employment law specialist Jane Elgar.