22 May 2014 #Employment
UNISON has been granted permission to appeal the High Court’s rejection of its application for judicial review challenging the introduction of employment tribunal fees.
The challenge had originally been brought on various grounds including excessively limiting the exercise of rights conferred by EU law and the level of the fees being discriminatory. As we noted in February, the High Court dismissed the original challenge, largely on the basis that it had been brought too soon, when there was still insufficient evidence of the impact of the fees. Permission to appeal has been granted on the basis that the matter is of “sufficient general importance”, meriting further consideration.
Statistics released in March this year, showed that claims received by the tribunals in the period from October to December 2013 had dropped by 79% compared to the same period in 2012. The statistics for claims received between January and March 2014 are expected to be released next month.
Current fees for a single claimant to issue a claim start at £160 for Type A claims (e.g. for deductions from wages, refusal to allow rest breaks or holidays etc) rising to £250 for Type B if the claim for example involves unfair dismissal, discrimination or whistleblowing. If the case proceeds to a final hearing, the hearing fee for a single claimant in Type A claims is £230, while for Type B claims it is currently £950.
We will keep you updated on the progress of UNISON’s appeal.
Ann Marie Burke
Carillion Advice Services, seconded to Clarkslegal LLP