Tribunal Fees Ruled Unlawful

28 July 2017

Tribunal Fees Ruled Unlawful

Tribunal fees were introduced on 29 July 2013 as a measure to deal with the high volume of Tribunal claims.  As a result of the implementation of this policy tribunal applications were reduced by more than 70% in 3 years!

Trade body, Unison sought to challenge the government on this policy immediately and four years and several court hearings later, the Supreme Court (the highest court in the UK) has ruled in favour of the union.

The Supreme Court ruled that the introduction of tribunal fees prevented an individual’s right of access to justice.

As well as the fees being scrapped altogether, the government will now have to reimburse up to £32m paid by claimants since the introduction of the fees in 2013!

This is a huge victory for Unison and an historic moment in employment law as we know it.

What will that mean for business owners?

UK businesses will need to be all the more vigilant when it comes to employee related matters, as the ruling will now inevitably lead to a rise in tribunal applications, as the cost factor is no longer a barrier.

Quest are encouraging you to get your basics right to avoid costly disputes; take a moment to consider whether your contracts of employment and employee handbook are up to date and in line with current legislation.

Remember, many insurance policies surrounding employment tribunals are dependent on taking advice.  Therefore, with the number of tribunals expected to rise, check your insurance policy and remember to take advice so that you can protect your organisation from the risk.

Call Quest HR on 01455 852028 and one of our friendly, expert advisors will be happy to help.

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