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Fees no more

R (on the application of Unison) v Lord Chancellor

A four-year challenge to the introduction of tribunal fees has ended in victory for UNISON and, the union says, for employees everywhere.

As it stands, people will no longer have to pay to bring and pursue cases in the employment tribunal and Employment Appeal Tribunal. Those who have already paid stand to be refunded. This follows the ruling by the Supreme Court that the Government’s introduction of fees in 2013 was unlawful.

What does this mean for employers? Quite possibly that you are now more likely to face a tribunal claim than you were when fees were payable (but that’s not to say that every claim will be legitimate and will succeed). Something else to be aware of is the possibility that individuals who can show that they didn’t bring a claim because of the fee requirement, or that they had a claim rejected because they hadn’t paid the fee, may be given a second chance.

It’s an evolving picture, and one that will become clearer in the months ahead.