The Supreme Court has unanimously held that the introduction of the current fee system in the Employment Tribunal and Employment Appeal Tribunal – via a Fees Order in force from 29 July 2013 - was unlawful under both domestic and EU law, as it prevented access to justice and was indirectly discriminatory.
The Fees Order required a claimant to pay an 'issue fee' when a claim was issued in an Employment Tribunal and a further 'hearing fee' when the case was heard (totalling either £390 or £1,200 depending on the type of claim). The judgment means that the Fees Order is invalid and that no fees will be payable under it going forward. The Government has also undertaken to refund fees paid by people who had brought claims under the regime, at an estimated cost of up to £32 million.
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