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Employment tribunal fees have been deemed unlawful

7 replies

daisychain01 · 26/07/2017 19:25

www.bbc.co.uk/news/uk-40727400

Employment tribunal fees unlawful, Supreme Court rules

A major stride forward in redressing the massive injustice that came about through the introduction of fees.

This news made my day!

I don't know how quickly the situation will be resolved to remove fees, I hope anyone who has been forced to think twice about going to Tribunal because they can't afford it, may soon be able to do so.

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daisychain01 · 27/07/2017 04:23

Further implications on employers -

                                                =========

The risk to employers of employment tribunal claims are now highly likely to return to pre-July 2013 levels.

The absence of fees will have a big impact on employers' strategies on the use of settlement agreements, and decision-making on settling or fighting claims when they are contacted by Acas for early conciliation.

While employment tribunal fees have been ruled unlawful, the Supreme Court did not explore the mechanics of the abolition of the fees system. This was left up to the Ministry of Justice.

The Supreme Court stopped short of saying that the payment of any fee for bringing a tribunal claim is unlawful. It is possible that the Government could introduce a new system, with the fee set at a lower level.

In 2013, the Lord Chancellor undertook to repay all employment tribunal fees if the tribunal fees system was found to be unlawful. The Government will therefore be expected to pay these sums back to claimants, unless the claim was successful and the tribunal already ordered the employer to repay the fee to the claimant.

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toldmywrath · 16/08/2017 15:34

Thanks daisy chain, good to know. A family member has involved acas in his case, but nothing has been resolved. It's frustrating that he is unable to afford legal representation and the costs involved in bringing a case to tribunal.

daisychain01 · 16/08/2017 21:02

Is he in a Union? If he believes he has a strong enough case he could get support through the Union towards legal costs. Tribunals are very accustomed to people self representing - in fact the origins of Tribunal were for that very purpose!

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cheminotte · 16/08/2017 21:04

Brilliant news! Thanks for sharing.

toldmywrath · 16/08/2017 22:28

Unfortunately he was not in a union. A young man who is still not wise to the world. I'm trying to advise, but I've no clue either.

He changed jobs because his previous employer kept forgetting to pay him, or issue payslips. They owe him around £1,000 and have refused to pay.

daisychain01 · 16/08/2017 22:38

toldmywrath I'd recommend you or your family member contacts ACAS as soon as possible.

They have an excellent helpline 0300 123 1100

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toldmywrath · 16/08/2017 22:50

Acas have already been involved, unfortunately to no avail. May I pm you please? It will be tomorrow, as dropping off to sleep zzz

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