header-logo header-logo

04 August 2017 / Michael Salter , Chris Bryden
Issue: 7757 / Categories: Features , Employment
printer mail-detail

Supreme Court gives tribunal fees the push

Chris Bryden & Michael Salter salute a masterpiece of judicial analysis of the constitutional right of access to justice

  • The statistics do not bear out the argument that weak unmeritorious claims were weeded out by the fees.
  • In the longer term, questions of the funding of the tribunal system will have to be addressed.

The Supreme Court handed down its decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 last week. The Court held that the requirement for claimants in employment tribunal and Employment Appeal Tribunal proceedings to pay fees in order to access the tribunal system was void ab initio on grounds of illegality both as a matter of domestic law and EU law. The judgment of Lord Reed (with whom Lords Neuberger, Mance, Kerr, Wilson and Hughes agreed) amounts to a masterpiece of judicial analysis of the constitutional right of access to justice. The judgment bears reading in full. Law students, particularly those playing constitutional law bingo will be delighted with a decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

Broadfield—David Brennand

Broadfield—David Brennand

Corporate partner appointment strengthens firm’s investment funds practice

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll