Supreme Court declares ET and EAT Fees unlawful

When the government introduced Employment Tribunal and Appeal Tribunal Fees, they expected the number of Claims presented to fall, but perhaps not by 70%.  Such a dramatic fall could not be explained in any other way than that genuine Claimants had been put off bringing Claims not because their cases did not have merit, but rather because they would have to pay the new Fees in order to challenge their employer in Tribunal.  Last week the Supreme Court ruled that the Fees were unlawful, citing the premise that “In order for the rights conferred on employees to be effective, and to achieve the social benefits which Parliament intended, they must be enforceable in practice.” The Court found that the fees had been structured and set at such a level, and the provisions for remission were so limited, that important constitutional principles of access to justice were being flouted.  The government has agreed to provide refunds for all Fees paid to both the ET and the EAT since the Fees Order was introduced in 2013.  It remains to be seen whether the government will attempt to introduce a replacement order any time soon.   Read the full judgment here.

By |2017-07-31T16:46:10+00:00July 31st, 2017|News|Comments Off on Supreme Court declares ET and EAT Fees unlawful
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