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28-07-2017

The Supreme Court has ruled that Employment Tribunal fees are unlawful and has acknowledged they have acted as a barrier to justice. Since their introduction, tribunal claims have fallen significantly.

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The Supreme Court has also ruled that any fees paid since 2013 should now be refunded, which logistically may prove to be something of a nightmare. In some cases, respondents will have been ordered to pay the claimant's fees or else will have made a contribution to them as part of a settlement agreement.

More immediately, the online system of making a claim will need to be updated to reflect the fact that a fee should not now be taken.

Of course this decision does call into question as to what, if anything, might be done in relation to those claimants who might have been put off pursuing perfectly good claims because of the cost and whether the removal of fees will cause an upsurge in claims.

See R(on the application of UNISON) V Lord Chancellor [2017] UKSC 51 (commonly known as 'the appeal against Employment Tribunal fees)

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