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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 of up to £1,200 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. | It ruled the government was acting unlawfully and unconstitutionally when it introduced the fees. |
Unison general secretary Dave Prentis said: "The government has been acting unlawfully, and has been proved wrong - not just on simple economics, but on constitutional law and basic fairness too." | |
He added: "These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up. | |
"We'll never know how many people missed out because they couldn't afford the expense of fees." | |
The government had already made a voluntary commitment to reimburse all fees if it was found they acted unlawfully. Fees have raised about £32m since being introduced. | |
Fees ranged between £390 and £1,200. 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. | 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". | 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". |
TUC general secretary Frances O'Grady said it was a "massive win" for workers. | |
"Too many low-paid workers couldn't afford to uphold their rights at work, even when they've faced harassment or have been sacked unfairly," she said. | |
The decision was welcomed by employment lawyer Karen Jackson, who said: "I don't know an employment lawyer who didn't think it was wrong to have fees. | |
"We all felt that morally it was the wrong thing to do as a barrier to justice." |