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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