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Unison has failed in its attempt to have the Employment Tribunal fees regime overturned.

Since the free regime was introduced, the number of Employment Tribunal claims has fallen dramatically since the fee regime was first introduced. Statistics show that, overall, there was a decrease of 52% for single claims received in 2014/15 compared to 2013/14.

Unison had already failed in its judicial review before the High Court and subsequently went to the Court of Appeal, but their arguments that the fees were preventing individuals enforcing their employment rights were rejected. This conclusion was reached despite the Court describing the decline in claims as ‘startling’. A separate inquiry into the effect of Employment Tribunal fees is being conducted by the Justice Committee and, separately, it has been announced that Scotland intends to do away with Employment Tribunal fees as soon as it has the necessary statutory powers (Scotland 2015-16 "A Stronger Scotland").

The issue of Employment Tribunal fees is set to continue to be a matter of interest for some time yet.


Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

Chambers and Partners

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