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Employment tribunal fees unlawful, Supreme Court rules | Employment tribunal fees unlawful, Supreme Court rules |
(35 minutes later) | |
Fees for those bringing employment tribunal claims have been ruled unlawful, and the government will now have to repay up to £32m to claimants. | Fees for those bringing employment tribunal claims have been ruled unlawful, and the government will now have to repay up to £32m to claimants. |
The government introduced fees in 2013 to reduce the number of malicious and weak cases, but that led to a 79% reduction over three years. | The government introduced fees in 2013 to reduce the number of malicious and weak cases, but that led to a 79% reduction over three years. |
Trade union Unison argued that the fees prevented workers getting access to justice. | Trade union Unison argued that the fees prevented workers getting access to justice. |
The Supreme Court also found fees were indirectly discriminatory to women. | The Supreme Court also found fees were indirectly discriminatory to women. |
It ruled the government was acting unlawfully and unconstitutionally when it introduced the fees. | |
Unison general secretary Dave Prentis said: "This is absolutely a tremendous victory, it's probably the biggest victory of employment rights in this country." | Unison general secretary Dave Prentis said: "This is absolutely a tremendous victory, it's probably the biggest victory of employment rights in this country." |
Fees ranged between £390 and £1,200 to get a case heard at a hearing. Discrimination cases cost more for claimants because of the complexity and time hearings took. | Fees ranged between £390 and £1,200 to get a case heard at a hearing. Discrimination cases cost more for claimants because of the complexity and time hearings took. |
The Supreme Court found this was indirectly discriminatory because a higher proportion of women would bring discrimination cases. | The Supreme Court found this was indirectly discriminatory because a higher proportion of women would bring discrimination cases. |
It also said that some people would not bring cases to employment tribunals because paying the fees would render any financial reward pointless. | |
The court's summary added claimants in low or middle income household could not afford the fees "without sacrificing ordinary and reasonable expenditure for substantial periods of time". |