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Posted 6 January 2014
by Simon Sanger-Anderson

UNISON challenges the legality of tribunal fees

During 2013, the Government introduced a system where employees must pay a fee of at least £160 to the employment tribunals to bring their case against their employers.

According to research, claims against employers have dropped by up to 55% since the introduction of the fees in July.

UNISON, is now seeking a Judicial Review of the Government’s decision to introduce tribunal fees. UNISON’s arguments against the fees are:

  1. that the system indirectly discriminates against women because they tend to earn less than men and so they will be less able to enforce their rights;
  2. it breaches the principle that EU rights should not be subject to less favourable procedural rules than comparable domestic law;
  3. the current process is unlawful because it makes it impossible or excessively difficult for an individual to enforce their rights under EU law; and
  4. the Government did not complete an assessment of the possible effect upon claimants.

The outcome of the review is expected early this year.

If you require further information on tribunal fees then feel free to speak to the employment team on 01392 207020 or email and ask for our Guidance Note on Tribunal Fees.

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About the author

Simon Sanger-Anderson

Consultant and Solicitor

Consultant and solicitor within the firm's registered providers team