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UNISON released a press release yesterday confirming that they are lodging an application in the High Court for judicial review of the impending Employment Tribunal fees

It was confirmed yesterday that UNISON was seeking to combat the Government’s plans to introduce fees for users of the Employment Tribunal and the Employment Appeals Tribunal in July 2013. The Government is seeking to introduce standard fees on 29 July 2013 for Claimants and Appellants to lodge claims in the Employment Tribunal and appeal decisions to the Employment Appeals Tribunal. UNISON is objecting to these fees as it believes they are contrary to the principle of access to justice and in breach of EU law.

UNISON’s legal arguments for the judicial review are as follows:

  1. Employment Tribunal fees would make it impossible or excessively difficult to exercise individual rights conferred by European Community law and that reasonable people would not litigate to vinidivate their EU rights in such circumstances
  2. That introducing fees for the Employment Tribunal and not for the First-Tier Tribunal (a Tribunal concerned with asylum and immigration rights) breaches the principle of equivalence
  3. There has been no proper assessment of the Public Sector Equality Duty – such an assessment should have been made to judge the potentially adverse effect of introducing fees in terms of the numbers and proportions of claims brought by individuals with protected characteristics
  4. That the fees are indirectly discriminatory – that such fees will have a disproportionate adverse impact on women

Dave Prentis, General Secretary of UNISON, commented that “The Government should not put a price on justice – that is why UNISON is calling for a Judicial Review.   These charges are a blatant attempt to stop working people from exercising their employment rights.  It will give unscrupulous employers the green light to ride roughshod over employees’ already very basic, rights at work.”

Chris Hadrill, employment solicitor at Redmans, commented on the application: “This is a case to watch. If UNISON succeeds in its application for judicial review then this could put a serious spoke in the wheels of the Government’s drive to cut ‘red tape’ and reduce the number of Employment Tribunal claims.”

Redmans Solicitors are specialist employment solicitors. Please contact Redmans  Solicitors if you have an enquiry related to employment law or partnership law.

Photo: UNISON’s logo

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

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    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

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    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

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    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

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    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

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    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

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    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

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