Fact Service April 2015

Issue 13

UNISON can appeal over tribunal fees

The public service union UNISON has been granted permission by the Court of Appeal to go ahead with appeals against the decisions of the High Court refusing its two Judicial Review applications challenging the lawfulness of employment tribunal fees.

The union has secured permission to appeal on all grounds and the appeals will be heard together in June.

The Lord Chancellor agreed in the first Judicial Review claim that he would reimburse all fees that have been paid, if they are found to be unlawful.

UNISON general secretary Dave Prentis said the decision is “significant” because every worker who has been forced to pay these punitive fees may get their money back if UNISON’s case is successful.

“We are pleased that this issue is being taken seriously. We hope the court will recognise that the government’s fees regime is having a significant impact on the ability of workers to access justice, particularly low-paid women,” he said.

The latest official figures show that the number of employment tribunal cases is continuing to fall. Between October and December 2014 claims dropped by 12% compared with the same quarter in 2013, when the fee regime, introduced in July 2013 was already in place.

These latest figures prove that the introduction of fees has caused a dramatic reduction in the number of employment tribunal claims, says UNISON.

Since the fees were introduced in June 2013, claims have fallen by 80%, with sex discrimination claims down by 91%.

www.unison.org.uk/unison-granted-permission-to-appeal-against-punitive-employment-tribunal-fees