[2017] UKSC 51
UKSC 2015/0233
R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent)
On appeal from the Court of Appeal Civil Division (England and Wales)
The issue in this case is whether the Fees Order imposing fees in the Employment Tribunal and Employment Appeals Tribunal breached the EU principle of effectiveness, and whether it was indirectly discriminatory.
From 29 July 2013, persons bringing claims in the Employment Tribunal, and appealing to the Employment Appeal Tribunal, have been required to pay substantial fees, ranging from £390 to £1600. Following the introduction of fees, official statistics show a dramatic reduction in claims brought. The appellant's challenge to the Fees Order was unsuccessful in two sets of proceedings in the High Court, and on appeal in the Court of Appeal. They now appeal to the Supreme Court.
The Supreme Court unanimously allows the appeal. The Fees Order is unlawful under both domestic and EU law because it has the effect of preventing access to justice.
