Employment tribunals and courts

Jeya Thiruchelvam

Editor's message: Claimants wishing to pursue an employment tribunal claim were previously required to pay both an issue fee and a hearing fee. However, on 26 July 2017 the Supreme Court upheld a legal challenge by Unison to the legality of the current employment tribunal fees regime. The Supreme Court upheld Unison’s challenge that “the prescribed fees interfere unjustifiably with the right of access to justice under both common law and EU law, frustrate the operation of Parliamentary legislation granting employment rights, and discriminate unlawfully against women and protected groups".

The decision of the Supreme Court means that HM Courts and Tribunals Service cannot charge fees in employment cases under the current fee regime. Accordingly, claimants will now be able to file an employment tribunal claim without paying an issue fee.

Jeya Thiruchelvam, senior employment law editor

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