Employment Tribunal fees are here to stay for the time being after the High Court rejected Unison’s claim that the fees regime is unlawful.
However, the longer term future of the fees regime is not secure. Unison was given permission to appeal today’s decision to the Court of Appeal, so the legal challenge is not yet at an end. In addition, the government has said it will review the way fees are operating, and some employer groups have indicated that they feel the current level of fees is too high. Furthermore, a change in government at the election next year could result in a significant reduction in fee levels: both the Labour party and Liberal Democrats have indicated that they would reduce fees.
In any event, the fees regime is likely to be revised in Scotland in due course when control over the Employment Tribunal system is devolved.