Fee Challenge Fails

Unison’s judicial review application concerning the illegality of employment tribunal fees was this morning dismissed by the High Court.

In the 27 page judgment Lord Justice Elias and Mr Justice Foskett agreed that the evidence as it stands demonstrates that the fee regime neither results in the principle of effectiveness being breached, nor gives rise to indirect discrimination.  Although there was agreement that there is overwhelming evidence that the fee regime has had an effect on the number of claims being made, the lack of evidence presented to the court concerning individual cases resulted in no case being made that ‘would be’ claimants, with arguable cases, have been prevented from lodging claims.

Unison have been given leave to appeal the High Court’s decision, and have stated that they will do so.

To read the High Court judgment click here.