UNISON judicial challenge to tribunal fees

Public services union UNISON is challenging the tribunal fee regime in judicial review proceedings. The union argues that the introduction of tribunal fees breaches European Union law by making it exceptionally difficult for claimants to exercise their rights, and discriminates against women, disabled and ethnic minority workers.

To date UNISON’s claims have not succeeded despite statistical evidence demonstrating a wholesale collapse in claim numbers across all jurisdictions following the introduction of fees. An appeal against the ruling will be heard by the Court of Appeal in June 2015.

The real significance of UNISON’s challenge rests with the political momentum it has helped to generate in support of the abolition of fees. Early in the litigation, judges instructed government ministers to make changes to the fee system without the need for further litigation if campaigners’ concerns are shown to be justified, and in April 2014, the government conceded the need for a review. Labour has condemned tribunal fees as “unfair and unsustainable”.