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Supreme Court holds that ET Fees are unlawful

Supreme Court holds that ET Fees are unlawful

This morning the Supreme Court handed down its decision in Unison’s long running challenge to the Government’s decision to introduce Employment Tribunal fees in 2013.

You can read the full judgment here but the headline news is that the Supreme Court were of the unanimous view that the introduction of ET fees was unlawful, on the basis that the Government acted beyond the scope of its statutory power and that ET fees prevent access to justice and therefore breach common law, EU law and the Equality Act. The significance of this decision cannot be overstated.

Over the next few days we will explain the implications of this decision, but - as the Supreme Court put it - the fees order has been quashed and all fees paid previously will be reimbursed.

Jennifer Skeoch
Senior Associate

Burness admin