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Another defeat in the challenge against Tribunal fees

21 September 2015

Unison has, once again, failed in its attempt to challenge the Government’s introduction of Tribunal fees. The most recent challenge was heard by the Court of Appeal. Whilst the Court recognised that the drop in Tribunal cases since the introduction of Tribunal fees was “startling” and warranted “a full and careful analysis”, it held that there was insufficient evidence to uphold the legal challenge.

Unison hopes to take its challenge further by appealing the decision to the Supreme Court.

In the meantime, the Justice Committee has commenced an inquiry into the recent changes made to the fees and charges systems in the Tribunal and Courts. By contrast to the position in England and Wales the Scottish Government have announced plans to abolish Employment Tribunal fees.

You may be interested to know that on 15 September 2015, the House of Commons Library published a briefing paper setting out the historical context and current state of the fees system and its impact on claims and costs, including many useful graphs: http://researchbriefings.files.parliament.uk/documents/SN07081/SN07081.pdf