The judicial review challenge to the legality of tribunal fees brought by Unison has now been listed in the High Court for 22nd and 23rd October 2013.

A parallel challenge in the Scottish Court of Session is in effect by the union-backed law firm Fox & Partners. This should have already been heard by the time this article is published, as the hearing is listed for 26th September 2013.

The Ministry of Justice has undertaken to refund any tribunal fees paid if the fee scheme is ultimately held to be unlawful.

In Practice

In our view it is unlikely that the challenges to tribunal fees will succeed, although the fact they got past the preliminary stage means it is a possibility. In the meantime, both Claimants and Respondents involved with tribunal claims should continue on the assumption that tribunal fees are here to stay.

Paul Burton, Employment Associate, says “If they are found to be unlawful, it will mean a large amount of money, both in administration costs and the refunding of those fees already paid, will have been wasted.”

At Frettens, all of our solicitors offer a free initial meeting to chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.