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
Updated to include information on BAE Systems (Operations) Ltd v Konczak, in which the Court of Appeal considered if compensation for personal injury should be apportioned.
The Government's scheme for individuals to apply for tribunal fees refunds has been rolled out to all applicants, after a "successful opening phase of the scheme".
Updated to include information on Efobi v Royal Mail Group Ltd, in which the EAT considered the burden of proof in discrimination cases.
The Supreme Court has considered whether or not an employment tribunal has jurisdiction to hear a complaint by a doctor against the General Medical Council for discrimination.
The Supreme Court has held that EU law requires police officers to be able to bring discrimination claims in employment tribunals in respect of dismissals that are the result of police misconduct panel proceedings.
The Supreme Court has held that the State Immunity Act 1978 cannot prevent embassy staff from enforcing workplace rights derived from EU employment laws.
The Government has announced details of how individuals who paid employment tribunal fees can apply for a refund, following the Supreme Court decision that fees were unlawful.
A table listing the unfair dismissal awards made by employment tribunals in 2016/17.
A table listing the race discrimination awards made by employment tribunals in 2016/17.
A table listing the sex discrimination awards made by employment tribunals in 2016/17.
HR and legal information and guidance relating to employment tribunals and courts.