Courts will review £1,200 employee fees

The High Court has given Unison, the trade union, permission to bring a judicial review challenging the introduction of employment tribunal fees.

The hearing is due to take place in October. Unison succeeded at an oral hearing in the High Court this week, although its paper application failed. However, the court rejected its application for an injunction to prevent the fees coming into force.

As of this week, employees and ex-employees will need to pay £160–£250 to issue a claim, and a hearing fee of £230–£950. Groups issuing a claim will pay higher fees of £320–£1,500 to issue claims and £460–£5,700 for a hearing.

The lower range of fees will apply to simpler cases such as wages claims, while the higher fees will apply to unfair dismissal and discrimination cases.

Previously, claimants did not pay fees.

In its legal challenge, Unison will argue that:

• the fees are prohibitively expensive, and the national courts have a duty under EU law not to make it excessively difficult to exercise individual rights;
• fees are not payable in most tribunal claims therefore it breaches the principle of equivalence;
• there has been no proper assessment of the public sector equality duty; and
• the fees will have a disproportionate impact on women.

Remissions will be granted in certain circumstances. An unmarried claimant with no children will not qualify if they are earning over £13,000. A married person with four children will be ineligible if the combined household income exceeds £29,000.

Employment law barrister Elizabeth George, of Leigh Day & Co said employers “will be less inclined to abide by their legal obligations as the risk of being challenged will be much reduced”.

However, justice minister Helen Grant said it was important to reduce the financial burden of the £74m employment tribunal system.