The Supreme Court has delivered a Judgement this morning, which confirms the Government Scheme of introducing Fees to be paid by Claimants when bringing claims in an Employment Tribunal unlawful. The Tribunal fees scheme which typically sees fees for lodging an unfair dismissal claim or a claim of discrimination of £250 plus an additional £950 to pay before the final hearing. The scheme had been in place since 2013 and has reportedly reduced claims dealt with by the Tribunal by 79%. Early reports indicate that the Government may have to repay as much as 32 million pounds to claimants who were charged. When a claimant was successful the respondent has usually been ordered to pay the Tribunal fees on top of the award to the claimant and so there may be sums to be returned to respondents as well. This is a major change to the system as we currently know it and it may take some time for the ramifications of this Judgement to be sorted out.
Fees for those bringing employment tribunal cases to court are unlawful, the Supreme Court has ruled. The court found that the fees, which were introduced in 2013, prevented access to justice for workers unable to fund their case. The government brought fees in to reduce the number of malicious and weak cases, but that led to a 79% reduction in cases over three years. The government will have to pay back the £32m in fees paid by claimants.