The Supreme Court has held that the Employment Tribunal Fees Order is unlawful.
You can read a copy of the Judgment here: https://www.supremecourt.uk/cases/docs/uksc-2015-0233-judgment.pdf
I will post some more detailed thoughts at another date, but for now I pose the following questions:
- What happens to those who are issuing claims this week, today even?
- What happens to C’s who have paid a fee? Presumably as the fee is unlawful the fee must be returned.
- What happens to C’s who have paid a fee but have recovered the fee from R? What can R do?
- If C was prevented from bringing a claim by the fees regime, is it possible for them to bring a claim out of time?
- What will the fee regime look like in the future? Lady Hale has attempted to provide some guidance in that respect.
