The High Court has rejected Unison’s second judicial review claim challenging the introduction of employment tribunal fees in July 2013.
The court ruled that there was insufficient evidence that the recent drop in claims was due to claimants’ inability, as opposed to unwillingness, to pay the fees and therefore the union had failed to show that the EU principle of an effective remedy for EU rights had been breached.
The latest statistics also failed to establish indirect sex discrimination and in any event the court considered that the fee regime had legitimate aims and was proportionate. Leave to appeal was granted and the Unison has announced that it will appeal. (R (Unison) v Lord Chancellor and another (No.2))
The Government’s promised review of the tribunal fee system is overdue. Liberal Democrat minister for employment Jo Swinson has recently written to the Conservative justice minister Shailesh Vara stating that it should be carried out urgently.