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Challenge over tribunal fees fails

Employment Law & HR
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Note: this article was first written by our colleagues at Solve HR, before Solve HR joined Law At Work in March 2020. We have imported this...

Even with a 79% drop in tribunal claims for the last quarter of 2013 UNISON has failed in it's High Court challenge to tribunal fees In a landmark judgement, the High Court has thrown out UNISON's challenge to tribunal fees as it held that whilst bringing proceedings would be expensive it would not be so expensive that it would be '"virtually impossible or excessively difficult'". After comparing tribunal fees to those in other courts and taking into account the new ACAS early conciliation process, the court determined that since successful individuals were likely to recover any fee paid, the 'principleof effectiveness' was not breached. However, if the fees prove to be discriminatory in the long run the Lord Chancellor will take steps to make changes. The Lord Chancellor has undertaken to review and if proven to have an unequal effect he has a duty to remove any disadvantage so the fees may be reduced. UNISON has announced that it plans to lodge an Appeal against the court's decision so the issue will not be leaving the spotlight anytime soon and employers should not become complacent as a result of the large drop in tribunal claims. For further information on how best to avoid a grievance or a tribunal claim speak to the experts at Solve HR.

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