UNISON’s judicial review challenge to the introduction of fees in the Employment Tribunals (under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013) has failed. As a result, the fees regime remains in place. Click
here for a copy of the full judgment.
Importantly, the judgment suggests that future events may affect the lawfulness of the fees regime. Here is an extract of the judgment of Moses LJ (at paragraph 89):
“the Lord Chancellor has himself undertaken to keep the issue of the impact of this regime under review. If it turns out that over the ensuing months the fees regime as introduced is having a disparate effect on those falling within a protected class, the
Lord Chancellor would be under a duty to take remedial measures to remove that disparate effect … It seems to us more satisfactory to wait and see and hold the Lord Chancellor to account should his optimism as to the fairness of this regime prove unfounded.”
For more information about any of the above or for practical commercial advice on this or any other aspect of employment law, please contact
Nigel Crebbin of the Berg Employment Team on 0161 833 9211 or email him at
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(The information and opinions contained in this news alert are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Berg or any of its partners or employees. Professional legal
advice should be obtained before taking, or refraining from taking, any action as a result of this article.)