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Employment fees—what happens now?

04 August 2017
Issue: 7757 / Categories: Legal News , Employment
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The Supreme Court’s high-profile decision that employment tribunal and Employment Appeal Tribunal fees are illegal is ‘a masterpiece of judicial analysis of the constitutional right of access to justice’.

Writing in NLJ, Chris Bryden, 4 King’s Bench Walk, and Michael Salter, Ely Place Chambers, laud the ruling, in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51. The response, in some quarters, condemning the decision for opening the floodgates to unmeritorious claims ‘is comprehensively debunked by a glancing familiarity with the judgment itself,’ say Bryden and Salter.

‘This demonstrates that the statistics do not bear out the argument that weak unmeritorious claims were weeded out by the fees. The success rate of tribunal claims barely shifted at all despite the (almost) 80% reduction in claims brought; if the argument that fees deterred weak claims was sustainable then the percentage success rate should have increased dramatically.’

However, the implications of the judgment, in terms of repaying fees paid by litigants, may be complicated to sort out. In the longer term, moreover, the funding of the tribunal system will have to be addressed. See `Supreme Court gives tribunal fees the push' in this week's issue.

Issue: 7757 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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