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Particularly adept when it comes to advising on technical and complex employment law problems.

Employment Tribunal Fees Order Unlawful

The Supreme Court has held that the Employment Tribunal Fees Order is unlawful.

You can read a copy of the Judgment here:


I will post some more detailed thoughts at another date, but for now I pose the following questions:

  1. What happens to those who are issuing claims this week, today even?
  2. What happens to C’s who have paid a fee? Presumably as the fee is unlawful the fee must be returned.
  3. What happens to C’s who have paid a fee but have recovered the fee from R? What can R do?
  4. If C was prevented from bringing a claim by the fees regime, is it possible for them to bring a claim out of time?
  5. What will the fee regime look like in the future? Lady Hale has attempted to provide some guidance in that respect.

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