The Supreme Court has just issued a momentous ruling which will not only generate column inches but have far reaching implications for those looking to issue claims in the Employment Tribunal.

In 2013, a fees regime was introduced which meant that people wishing to issue claims in the Employment Tribunal would have to pay fees of up to £1,200 for ‘Type B’ claims (covering cases relating to unfair dismissal, equal pay and discrimination.)

The Court has stated that the fees regime is unlawful under both domestic and EU law because it prevents access to justice. It has also said that it is discriminatory under the Equality Act 2010, stating that

the higher fees for type B claims put women at a particular disadvantage, because a higher proportion of women bring type B than bring type A claims.

The Court has also acknowledged the harmful deterrent effect that the fees have had, especially given that they have discouraged people whose claims were valued modestly or were seeking non-monetary remedies.

It will now be interesting to observe the fall out of this judgment; the Government may well try to legislate for a different scheme, but this remains to be seen, especially given the majority which resulted from the election.

If you require advice on any aspect of employment law, including issuing a Tribunal claim, don’t hesitate to contact our Head of Employment, Yunus Lunat, on 0113 284 5023 or via a same day appointment may be available.

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