Back

Please note our offices and reception are closed on Good Friday and Easter Monday. We will re-open as usual at 9am on Tuesday 22 April.

Get in Touch Menu

Breaking news - employment tribunal fees scrapped

26 July 2017

The Supreme Court has made history today by ruling that fees for bringing an employment tribunal case to court are unlawful. The court found that the fees prevented access to justice for those workers unable to fund their case. It further stated that the fees were contrary to the Equality Act as they disproportionately affected women.

The challenge to the fees system was taken up by UNISON, who argued that the reduction in the number of claims being brought – 79% over three years – clearly went further than the original intention of reducing the number of malicious and weak cases brought. Their legal challenge had failed at both the High Court and Court of Appeal.

The fees will be immediately removed and the government will have to pay back the £32m in fees paid by claimants since July 2013 when the fees were introduced.

As yet no further details have been released about how this is to be achieved, what (if anything) will happen about cases which could have been brought but weren’t, or were settled, because of the cost of tribunal fees, or what might replace the current fees regime.

Matthew leads our employment law team, acting for clients which include multi-national companies, owner-managed businesses and not-for-profit organisations. Clients describe him as “responsive, commercial, understands where employers are coming from and gets right to the point, with meaningful and practical advice.”

We're here to help
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
View profile
Mathew Clayton
Related services
Share this article
Resources to help

Related articles

Employment Rights Bill: Employees to benefit from guaranteed hours & rights relating to shifts

Employment & business immigration

The Employment Rights Bill is shaking things up, with employees expected to benefit from guaranteed hours and rights relating to shifts. The government is committed to ending one-sided flexibility and…

Simon Pathé FCILEx
Partner, chartered legal executive

Supreme Court makes landmark decision on gender definitions

Employment & business immigration

The Supreme Court has unanimously allowed the appeal for For Women Scotland Limited and has provided clarity on how ‘woman’, ‘man’ and ‘sex’ are to be defined. The decision acts…

Hifsa O'Kelly LLB (Hons)
Senior associate, solicitor

Employment Rights Bill: Changes to statutory sick pay

Employment & business immigration

As part of the all new Employment Rights Bill, it’s likely that changes to statutory sick pay could significantly impact you and your business. When the Employment Rights Bill becomes…

Simon Pathé FCILEx
Partner, chartered legal executive
Contact us