Unison’s application for judicial review of the government’s decision to introduce employment tribunal fees has been dismissed by the high court.
It was the second time that the trade union have attempted to bring about judicial review, after being unsuccessful in February this year when their case was labelled ‘premature’. For this application however, they had amassed significant evidence which they had hoped would bring them success.
The fees were introduced by the government in July 2013; Unison criticised them at the time as unlawful, claiming that they would prevent unfairly treated employees from having access to justice. The Equality and Human Rights Commission also opposed the fees, dismissing them as a money making venture by the government.
Figures released by the Ministry of Justice this month show a huge drop in applications for tribunals following the introduction of the fees. Employment claims fell by 72% in the year after the introduction of the fees, a statistic described as “striking” by the court. Unison had emphasised that the fees would disproportionately affect ethnic minorities, the disabled, and women; evidence presented to the court since has revealed a 91% fall in sex discrimination claims as a result.
Justice Secretary Chris Grayling claimed that Unison’s criticisms were still premature, and stated that the court needed specific examples of individual employees being unable to afford to bring a claim, as their statistics were too generalised.
Labour have said that they will scrap the fees if elected next year. Shadow business secretary Chuka Umunna stated earlier this year that: “The current employment tribunal system is unfair, unsustainable and has resulted in prohibitive costs.” he said that, if elected, the party plan to “abolish the current system, reform the employment tribunals and put in place a new system which ensures all workers have proper access to justice.”
Unison have said that they are to appeal the high court decision. Their general secretary announced on 17 December that: “The High Court’s decision is disappointing, but we will fight on and do everything possible to ensure that these punitive fees introduced by the government are abolished.
“Today’s ruling is a real missed opportunity to ensure that all workers can afford to bring an employment tribunal claim. Since the introduction of fees last year, thousands of workers have been priced out of justice and we must not let this continue to happen.”
Iain Atkinson, employment law specialist based in Darlington and covering Teesside, County Durham and North Yorkshire commented “It is remarkable that Chris Grayling says that the Court needs “specific examples of individual employees being unable to afford to bring a claim..” when, since the introduction of Tribunal fees, the number of claims has fallen by 72%. Imagine, if you will, that you have been unfairly dismissed. Things are tight, you don’t know when you might be able to get another job and you need to make ends meet for yourself and your family. If you want to bring a claim then the Employment Tribunals (subject to the less than generous “fees remission” scheme) first want you to hand over £250. If your case needs to go to a hearing then they want another eye watering £950. To suggest that it is anything more than a matter of common sense that these fees are restricting access to justice is absurd. We have countless employment laws and employment rights, but most are pointless if there is no affordable access to justice.”
Sources:
Unison
Law Gazette
Telegraph