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Employment Law

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Veale Wasborough Vizards , 13 APR 2015

Unison granted permission to appeal against employment tribunal fees

Unison granted permission to appeal against employment tribunal fees
Helen Hughes
Solicitor, Veale Wasbrough Vizards

The Court of Appeal has allowed Unison to appeal on all grounds against the High Court's decisions, dismissing the applications for Judicial Review challenging the lawfulness of employment tribunal (ET) fees which have been in place since June 2013.

The appeals will be heard in June 2015.

Unison previously challenged the implementation of ET fees in the High Court in October 2013, arguing that the fees restrict access to justice and that the fees have a greater and disproportionate impact on women.

In the first Judicial Review, the High Court held that the full impact of ET fees could be not be properly assessed given that the introduction of the fees had only come in a few months previous. The Lord Chancellor also agreed to reimburse all fees that had been paid if they were ultimately deemed to be unlawful.

Recent statistics released show that the number of ET claims are continuing to fall with general ET claims having fallen by 80% and sexual discrimination claims having decreased by 91% since the introduction of ET fees in June 2013. Unison is now arguing that the decrease in claims has been directly impacted by the introduction of ET fees and that the statistics show that the introduction of fees is denying people access to justice which is unlawful.

We will keep you updated as to the outcome of this appeal.


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