The High Court has rejected Unison's second judicial review claim challenging the introduction of employment tribunal fees in July 2013.
The court ruled that there was insufficient evidence that the recent drop in claims was due to claimants' inability, as opposed to unwillingness, to pay the fees and therefore the union had failed to show that the EU principle of an effective remedy for EU rights had been breached.
The latest statistics also failed to establish indirect sex discrimination and in any event the court considered that the fee regime had legitimate aims and was proportionate. Leave to appeal was granted and the Unison has announced that it will appeal. (R (Unison) v Lord Chancellor and another (No.2))
The Government's promised review of the tribunal fee system is overdue. Liberal Democrat minister for employment Jo Swinson has recently written to the Conservative justice minister Shailesh Vara stating that it should be carried out urgently.
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.