Until July 2013 a claimant could bring proceedings in employment tribunals and the employment appeal tribunal without payment of a fee. The Supreme Court has today held that the a Fees order effectively prevents access to justice, and is therefore unlawful.

- For Claimants: Reviewed Access to Justice

- For Employers: No need for concern about a need for preparation and consideration

 

Until July 2013 a claimant could bring proceedings in employment tribunals and the employment appeal tribunal without payment of a fee.  Since the introduction of fees there has been a long term reduction in claims accepted by employment tribunals in the region of 66% to 70% (although much of this decline will be due to ACAPs early conciliation services).

 

On 26th June 2017 in R (on the application of Union) (Appellant) v Lord Chancellor (Respondent) the Supreme Court has held that the a “Fees order effectively prevents access to justice, and is therefore unlawful”.

 

It further held that “Given the conclusion that the fees imposed by the same people, and that they are so high as in practice to prevent even people who can afford them from pursuing claims for small amounts and non-monetary claims.  It follows that the fees order imposes limitations on the exercise of EU rights which are disproportionate and that it is therefore unlawful under EU law.”

 

Whilst welcome for claimants, and perhaps disturbing for employers, the decision will do no more than access restore Employment Tribunal to the July 2013 position.  Since then employment law rules of procedure have changed in order to identify vexatious claims at an earlier stage, which must be welcomed by all parties, particularly employers.