SUPREME COURT RULES EMPLOYMENT TRIBUNAL FEES UNLAWFUL

Supreme Court rules employment tribunal fees unlawful.

After a 4-year legal battle brought by UNISON, the Supreme Court has ruled that Employment Tribunal fees are unlawful.

Since July 2013, employees have required to pay fees of up to £1,200 if they wanted to bring a claim against their employer, unless they qualified for remission.  This subsequently led to a 79% reduction in the number of claims being brought in the Employment Tribunal.

In a 41-page judgement, the UK’s highest court has rules that fees are illegal because they effectively prevent access to justice.  Moreover, they were also found to be indirectly discriminatory against women.

The Government has announced that it will cease taking fees for Tribunals immediately and will refund in excess of £30m to employees who were forced to pay fees in order to bring their claims.  It is likely that this judgement will also lead to a dramatic rise in the number of Employment Tribunal claims being brought in the future, given that this financial barrier will be removed.

Scottish Engineering offers an Employment Tribunal Management Service to our member companies.  Subscription to this service provides cover in respect of all administration preparation and representation relating to Tribunal claims.

ETMS Summary & Form

Further details can be obtained by contacting the office on 0141 221 3181.