Employment Law Legislation Update - October 2015
Solicitor Natalie Ruane provides an insight in the latest employment law legislation.
Although the decision came out towards the end of August , we still thought that it was important to make anyone who hadn’t already heard aware that the Union case against Employment Tribunal fees has been rejected by the Court of Appeal.
Whilst "troubled" by the sharp decline in employment tribunal claims, the Court felt that there was not enough evidence of "typical individuals" having problems with meeting the fees. The Court held that the remission system, whereby Claimants who can demonstrate that they can’t meet the fees can apply for an exemption, meant that the fee system could not be said to be so unaffordable as to mean that there was no effective remedy.
There is still a chance that the Unions will seek permission to appeal to the Supreme Court especially now that the Scottish Government has announced that it intends to abolish employment tribunal fees in Scotland.
However, the defeat of the case means that fees are likely to remain a feature of the Tribunal system in England and Wales for some time to come.
About the author
Natalie is a Partner and leads the Employment Law & HR team and specialises in education.
Published: Thursday 1st October 2015