As reported in our July issue of HR Headlines, the introduction of fees in the Employment Tribunal which took effect on 29 July 2013 has caused some discontent amongst the Trade Unions.
On 17 June 2013, UNISON confirmed that it was lodging an application in the High Court for judicial review of the introduction of the fees. UNISON argued that, as fees are not payable for claims brought in other first tier tribunals, it was a breach of the principle of equivalence to require fees to be paid in the Employment Tribunal. It also argued that charging high fees could have a disproportionate impact on women (and thereby amount to indirect discrimination) as women will not (if they earn an average income) be entitled to any remission of fees.
The High Court initially rejected the application brought by UNISON but on 29 July 2013 it re-considered and granted permission for the claim to proceed but rejected an application for an injunction to prevent the introduction of the fees. The judicial review hearing will take place in October 2013.
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