Back
Get in Touch Menu

Breaking news - employment tribunal fees scrapped

26 July 2017

The Supreme Court has made history today by ruling that fees for bringing an employment tribunal case to court are unlawful. The court found that the fees prevented access to justice for those workers unable to fund their case. It further stated that the fees were contrary to the Equality Act as they disproportionately affected women.

The challenge to the fees system was taken up by UNISON, who argued that the reduction in the number of claims being brought – 79% over three years – clearly went further than the original intention of reducing the number of malicious and weak cases brought. Their legal challenge had failed at both the High Court and Court of Appeal.

The fees will be immediately removed and the government will have to pay back the £32m in fees paid by claimants since July 2013 when the fees were introduced.

As yet no further details have been released about how this is to be achieved, what (if anything) will happen about cases which could have been brought but weren’t, or were settled, because of the cost of tribunal fees, or what might replace the current fees regime.

Matthew leads our employment law team, acting for clients which include multi-national companies, owner-managed businesses and not-for-profit organisations. Clients describe him as “responsive, commercial, understands where employers are coming from and gets right to the point, with meaningful and practical advice.”

We're here to help
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
View profile
Mathew Clayton
Related services
Share this article
Resources to help

Related articles

Equal pay claim: Thandi and others v Next Retail Limited

Employment & business immigration

Over 3,500 predominantly female retail consultants employed by Next Retail Limited (Next) collectively brought an equal pay claim against their employer. The claim was on the basis that the work…

Hifsa O'Kelly LLB (Hons)
Senior associate, solicitor

Fertility treatment & the workplace: Understanding employee rights

Employment & business immigration

In recent years, there has been a significant increase in individuals seeking fertility treatment. This trend includes not only heterosexual couples but also same-sex couples, single mothers, and those opting…

Klára Grmelová MGR (LLM Czech)
Solicitor

HR support service launched

Employment & business immigration

We’re pleased to announce the launch of our HR support service, to assist businesses of all sizes with both their day-to-day and strategic HR requirements. As Cheltenham solicitors, we work…

Willans
Solicitors
Contact us