Employment litigation could soar should Unison’s appeal to the Court of Appeal could be successful in obtaining a judicial review that then finds that the introduction of employment tribunal fees to be unlawful. 

Moreover, the government could be liable to repay all fees, with interest back to July 2013. We await the outcome tomorrow (17 June). If you would like to talk to a legal expert on this from law firm Charles Russell Speechlys or commission an article, please do let me know. Employment tribunal fees were introduced in July 2013. Before that, the system was completely free of charge. There has been a staggering decrease in claims since fees were introduced (a 79 percent drop for the last quarter in 2013 compared to the same period in 2012). Last year the public sector union Unison applied to the High Court for judicial review of the introduction of tribunal fees on various grounds.

The High Court dismissed Unison’s application on the ground there was insufficient evidence. Unison was granted permission to appeal the High Court’s dismissal to the Court of Appeal. That appeal is being heard on 16 and 17 June. If that appeal is successful a judicial review of the fees regime will be held. The outcome of a judicial review process could be that fees will be overturned. That will have a huge impact on employers and employees alike: litigation is likely to soar. Further, the government has given an undertaking that if fees are found to be unlawful in the future, all fees paid will be repaid with interest. The government also committed to review the impact of fees when they were introduced. The start of that review was announced on 11 June and it is expected to be completed later this year. A consultation will then follow on any proposed recommendations to reform the fee system.