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04 August 2017
Issue: 7757 / Categories: Legal News , Employment
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Employment fees—what happens now?

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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