Government to pay £32m as tribunal fees declared illegal

THE Government has been ordered to repay up to £32million to thousands of litigants after judges ruled that charging workers a fee to take their company to an employment tribunal was illegal.

The fees of up to £1,200 were introduced four years ago to help fund the costs of the tribunal service, but the Supreme Court said this was unlawful. Unison won the victory after a fouryear legal battle to prove the fees were preventing people accessing justice.

The Ministry of Justice said the Government would stop charging the fees and refund those who have been forced to pay. It comes after a government review found the number cases taken to employment tribunals had fallen by 70 per cent following the introduction of the fees. Dominic Raab, the Justice Minister, said: “In setting employment tribunal fees, the Government has to consider access to justice, the costs of litigation, and how we fund tribunals.

“The Supreme Court recognised the important role fees can play, but ruled that we have not struck the right balance in this case. We will take immediate steps to stop charging fees in employment tribunals and put in place arrangements to refund those who have paid. We will also further consider the detail of the judgment.”

A study by Unison found that lowpaid women, especially those treated unfairly when pregnant or on maternity leave, were the biggest losers under the scheme, because their cases were the most expensive.