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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll