Update to Unison’s Employment Tribunal Fees Judicial Review Application
19th December, 2014
Unison’s second application for Judicial Review regarding the increased Employment Tribunal fees were rejected by the High Court on Wednesday 17 December 2014, here’s why.
Unison had based their application for Judicial Review on two areas. The first was that the new tribunal fees were unlawful under the EU principle of effectiveness, stating it was virtually impossible for people to bring a claim. The second area Unison attempted to challenge the tribunal fees was that the new system is indirectly discriminatory.
Lord Justice Elias provided the leading judgement regarding the application yesterday stating the challenges to the tribunal fees were unsuccessful for the following reasons.
In response to the EU principle of effectiveness, the High Court had reviewed the application and stated that any restrictions must satisfy a proportionality test and if the hurdle served no useful purpose it would not be proportionate.
The High Court however could not take into account Unison’s challenge, as there was a lack of evidence as Unison had based their argument on statistics and not actual claimants. Therefore, the High Court would not be able to conclude whether a potential claimant was unable or unwilling to bring a claim.
In response to Unison’s challenge to the tribunal fees stating they were indirectly discriminatory the High Court stated that the difference in fees regarding a Type A claim and a Type B claim could be justified by the level of resources they required.
The High Court concluded its judgement by stating that the new tribunal fees were justified as people who use the Employment Tribunal service should contribute to the running of the service and that the changes made had made the system more efficient and encouraged settlements.
For further information and advice on changes to Employment Tribunal Fees, please contact Helen Watson on 01244 405565 or send an email to [email protected]
You might also be interested in...
16th November, 2018
It is reported that a quarter of all complaints dealt with by the Legal Ombudsman revolve around costs. Therefore to avoid complaints and confusion, it is important to be clear from the outset. The new Transparency Rules (which the SRA have now confirmed will come into effect on 6 December 2018) require that accurate and relevant information is... Read More »
5th November, 2018
Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »
10th October, 2018
In the lead up to World Mental Health Day on 10 October 2018, we have been posting a series of short articles discussing mental health and stress in the workplace. In this final article, we will be providing tips, to employers and employees, for managing stress and dealing with mental ill health in the workplace. Click here to... Read More »