Fact Service May 2014

Issue 21

UNISON can appeal over tribunal fees

The Court of Appeal has granted public service union UNISON leave to appeal the High Court’s decision turning down its Judicial Review application over tribunal fees. The appeal court decided that the basis of the issue is of “sufficient general importance to merit permission to appeal”.

In the High Court last year, UNISON challenged the coalition government’s decision to introduce tribunal and Employment Appeal Tribunal fees. The union argued that the introduction of fees would deny access to justice for workers treated unfairly by employers and would therefore be unlawful, and that introduction of fees has a disproportionate impact on women.

Fees start at around £160 to issue a claim, rising to £250 a claim depending on the type of claim; with a further hearing fee starting at £230 to £950.

The High Court appeared to accept the union’s argument, but ruled that because the fees were only introduced last year the full impact could not yet be judged.

UNISON will ask the Court of Appeal to consider the shocking figures released in March 2014 that revealed tribunal claims had plummeted by 79% in the first six months after the government imposed fees on workers bringing a claim.

Data on the number of tribunal claims lodged between January and March 2014 are expected to be released in June.

www.unison.org.uk/news/unison-granted-permission-to-appeal-high-court-decision-on-tribunal-fees