Last week I reported that the challenge to the introduction of Employment Tribunal fees was due to be heard in the Court of Session this week (9 and 10 July).

The decision of the Court of Session was announced this morning and an interim interdict (injunction) has not been granted. This would have prohibited the introduction of Tribunal Fees on 29 July 2013, in Employment Tribunals in Scotland. It was argued that an interim interdict should be granted to stop fees being introduced pending a judicial review hearing in Scotland on the question of whether Tribunal fees are lawful.

The Court of Session's decision means that Employment Tribunal fees will be introduced in Scotland on 29 July 2013.This is not the end of the matter though and a full judicial review hearing on the decision to introduce Employment Tribunal fees will take place later this year. During the course of the proceedings this week the Lord Chancellor gave an undertaking that if Tribunal fees are ultimately held to be unlawful then any Tribunal fees that a claimant has paid before the decision is reached will be refunded with interest. This undertaking likely had a bearing on the decision not to grant an interim interdict at this stage.

In England & Wales, UNISON have also indicated that they are seeking a judicial review of the decision to implement Tribunal fees.