Ruth Kennedy comments on Supreme Court battle over employment tribunal fees in The Global Legal Post and Lawyer Monthly
Companies with employees in the UK could be inundated with employment claims following a landmark court victory over employment tribunal fees.
The union Unison has won a major court victory against the Government over controversial fees for taking claims to an employment tribunal. The Supreme Court unanimously ruled that the Government was acting unlawfully and unconstitutionally when it introduced the fees four years ago. Unison said the decision means that employment tribunal fees will now be scrapped.
Ruth Kennedy, Barrister in the employment team at 2 Temple Gardens, said of the judgment:
“The Supreme Court’s recognition today of the profound impact that the Fees Order 2013 has had on access to justice is a huge step forward for UK employment law.
It also clearly demonstrates that the courts are prepared to intervene when the Lord Chancellor seeks to use his powers, using blunt tools to reduce the cost to the state of facilitating litigation.
Now the Lord Chancellor will have to honour his predecessor’s promise to pay back the fees already paid, which is sure to be a costly endeavour.
However, this ruling still does nothing for the claimants that would have brought claims, but for the fees.”