Call us on 0844 324 5840

NEWS

Court of Appeal Rules to Keep Employment Tribunal Fees

Employment Tribunal Fees needed to get in? | HR Solutions

The Court of Appeal has dismissed a third bid by Unison to overturn the introduction of Employment Tribunal fees.

The Court dismissed the union’s case for a judicial review of the fees on the grounds of insufficient evidence.

Employment Tribunal fees have been the subject of controversy since their introduction in July 2013. The sharp decline in the number of cases going to tribunal has led many observers to question whether people are being ‘priced out’ of the legal system.

Unison argued that this decline is due to the fact that claimants now have to pay anything up to £1,200 to bring a claim to tribunal. The fees make it impossible for some people to bring a claim, meaning that the law breaches the EU legal principle of effectiveness.

According to the Department for Business, Innovation and Skills (BIS), the number of claims going to the Employment Tribunal fell from 340,000 at the start of the 2013-14 financial year to just over 110,000 in the third quarter of 2014-15. This is a drop of 70%.

Ruling on the case, Lord Justice Underhill acknowledged that the fall in cases was “troubling”, but went on to say that “the case based on the overall decline in claims cannot succeed by itself”.

“It needs to be accompanied by evidence of the actual affordability of the fees in the financial circumstances of individuals.”

“Only evidence of this character will enable the court to reach a reliable conclusion that that the fees payable under the order will indeed be realistically unaffordable in some cases.”

The court also rejected a claim by Unison that the fees system is discriminatory.

Regardless of this ruling, the future of Employment Tribunal fees is far from certain.

Unison has announced that it intends to pursue its case in the Supreme Court, whilst Lord Justice Underhill’s admission that the case failed due to a lack of evidence opens the door for individuals to claim if they can prove that they have been unable to afford the fees. Meanwhile, both the Government and the Commons Justice Select Committee are carrying out independent reviews into the suitability and pricing of the fees.

Most decisively however, this week the Scottish Government set out plans to remove tribunal fees completely.


Do you want to avoid the risk of facing an Employment Tribunal? We offer the expert outsourced HR consultancy you need. Call us on 0844 324 5840 or contact us online to find out more.

SHARE THIS:

Instagram

GET IN TOUCH

Got questions? Looking for advice?

RELATED RESOURCES

Explore our comprehensive library of related resources to gain valuable insights, expert tips, and helpful tools for optimising your HR practices.

01
Half of UK employers expect redundancies after furlough scheme ends
4 June 2020
02
Tribunal cases and wait times increasing
19 December 2018
03
Interesting HR Statistics 2018
14 December 2018

PARTNER REGISTRATION

Register your details below and we will contact you regarding how HR Solutions can support your organisation.

MAKE A GENERAL ENQUIRY

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

REQUEST A PROPOSAL FROM US

We’re here to assist you with any questions or enquiries you might have. Simply fill out the form below, and our dedicated team will get back to you.

BOOK YOUR PLACE

Please complete the form and one of our team will call you back to discuss your query/booking.

Request your free trial

Register your details below and we will contact you about your 30 day free trial of the HR Knowledge Base.

REGISTRATION FORM

Register your details below and we will contact you about access to the HR Knowledge Base.  As part of your approved industry membership organisation you can get access to the HR Knowledge Base, created by Business HR Solutions, which is the go-to resource for thousands of business owners and managers across the UK.

2023/2024 SME BUSINESS SURVEY

Our latest 2023/24 SME Business Survey sheds light on the intricate dynamics shaping the SME sector and unveils critical insights that can guide businesses toward sustainable success.

IF YOU WISH TO PURCHASE HR ADVICE LINE TIME, PLEASE COMPLETE THE FORM BELOW.

HR Solutions are here to help. We offer a standard hourly rate package for ad hoc HR advice which means you can pay for what you need, whenever you need it, and then quickly get advice. Our highly experienced advisors are on hand to provide you with practical employment advice to help you manage your workforce.  You can purchase HR Advice Line time now, and the time purchased will be valid for 12 months.