by Laurie Anstis on February 7, 2014
The challenge brought by Unison to the introduction of employment tribunal fees has failed.
The full judgment is available here.
Despite the failure of this challenge, Moses LJ suggested that subsequent events may affect the lawfulness of the fees regime, saying at para 89 that:
“the Lord Chancellor has himself undertaken to keep the issue of the impact of this regime under review. If it turns out that over the ensuing months the fees regime as introduced is having a disparate effect on those falling within a protected class, the Lord Chancellor would be under a duty to take remedial measures to remove that disparate effect … It seems to us more satisfactory to wait and see and hold the Lord Chancellor to account should his optimism as to the fairness of this regime prove unfounded.”
[Update: Unison are to appeal the decision.]