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Tribunal fees ruled unlawful.

Employment and Discrimination Law

Tribunal fees ruled unlawful.

Postby Hairyloon » Thu Jul 27, 2017 10:03 am

The government has been forced into a humiliating overhaul of employment tribunal fees after the supreme court ruled they were inconsistent with access to justice.

The highest UK court came down in favour of the trade union Unison, which argued that fees of up to £1,200 were preventing workers – especially those on lower incomes – from getting justice.


https://www.theguardian.com/money/2017/ ... sal-claims
http://www.bailii.org/uk/cases/UKSC/2017/51.html

The government has said that it will refund the fees paid, but what does this mean for people who didn't claim because they could not afford it?
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Re: Tribunal fees ruled unlawful.

Postby atticus » Thu Jul 27, 2017 10:40 am

Paragraphs 66 onwards of the judgment are quite a lesson in what the rule of law means.

This is worth reading as a short discussion of the issues, including the question the OP has identified. Https://rangeofreasonableresponses.com/ ... have-been-
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Re: Tribunal fees ruled unlawful.

Postby dls » Thu Jul 27, 2017 1:47 pm

The government has said that it will refund the fees paid, but what does this mean for people who didn't claim because they could not afford it?


Very much more difficult.

This is a decision to be welcomed, and for once, I happily thank the union (Unison) for the action taken.
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Re: Tribunal fees ruled unlawful.

Postby Hairyloon » Thu Jul 27, 2017 8:01 pm

dls wrote:
The government has said that it will refund the fees paid, but what does this mean for people who didn't claim because they could not afford it?


Very much more difficult...

Indeed so. I imagine they would have to prove that they would have submitted a case, were it not for the fees. There were no doubt many potential claims let go even when they were free.
If a claimant had actually submitted a claim, and it been rejected for want of fees, then that decision is simply unlawful.
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Re: Tribunal fees ruled unlawful.

Postby dls » Fri Jul 28, 2017 4:33 am

If a claimant had actually submitted a claim, and it been rejected for want of fees, then that decision is simply unlawful.


Not necessarily at all.

There is a huge difference between something being declared incompatible and having to be withdrawn - where decisions made were correct under the rules as they existed, and a rule being declared void ab initio.

Under the first, the government may well choose to pay compensation, but the rejection was not 'unlawful'.

If it were the second the noises would be rather different.
And compensation would have to make some allowance for the large number of duff applications.
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Re: Tribunal fees ruled unlawful.

Postby Hairyloon » Fri Jul 28, 2017 10:08 am

dls wrote:There is a huge difference between something being declared incompatible and having to be withdrawn - where decisions made were correct under the rules as they existed, and a rule being declared void ab initio.

Under the first, the government may well choose to pay compensation, but the rejection was not 'unlawful'.

If it were the second the noises would be rather different...

The article Atti' linked to appears to indicate it was the latter:
The Supreme Court’s decision is that the Fees Order was unlawful when it was made and they have quashed it. That means that the Government is not being ordered to abolish the fees – the fees have been abolished!
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Re: Tribunal fees ruled unlawful.

Postby atticus » Fri Jul 28, 2017 12:42 pm

Different point.
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Re: Tribunal fees ruled unlawful.

Postby dls » Fri Jul 28, 2017 1:39 pm

HL - unlawful does not mean void
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