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Employment Tribunal Fees Ruled Unlawful


Employment tribunal fees will be scrapped following Trade Union, UNISON's victory over the Government in the landmark case of R (on the application of UNISON) v Lord Chancellor.

The Supreme Court has unanimously ruled that the Government was acting unlawfully and unconstitutionally in 2013, when the then Lord Chancellor, Christopher Grayling introduced the fees. The government will now have to refund nearly £30m to thousands of claimants charged for taking claims to the Employment Tribunal.

Dave Prentis, Unison General Secretary, said of the result: "The government has been acting unlawfully, and has been proved wrong - not just on simple economics, but on constitutional law and basic fairness too."

The full judgment can be found here R(on the application of UNISON) v Lord Chancellor [2017] UKSC 51.

Head of Trinity Chambers' Employment barristers, Jane Callan said of the case:
"The Supreme Court's judgment ruling Employment Tribunal fees unlawful will be welcomed by many including good and fair employers as well as Trade Unions and employment law solicitors as it upholds the primacy of access to justice. For everyone, this provides a reminder to ensure practices, policies and training in employment law issues are up to date, areas the barristers in Trinity's Employment Group are well equipped to help with."

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