Employment Tribunal fees withdrawn

27th September 2017

In a landmark ruling on 26 July 2017, the Supreme Court determined that the tribunal fees system first introduced in 2003 was unlawful. It followed a case brought by Unison in which it was argued that the fees prevented or deterred workers from accessing the justice system. As a result of the Supreme Court ruling all those that have brought a case since 2003 will have their fees refunded.

It remains to be seen if the government will seek to introduce a more proportionate and fair system of fees.

The ruling means that schools could now be open to more Employment Tribunal claims, potentially costing thousands of pounds in legal costs. School leaders are therefore advised to seek professional HR advice at an early stage in contentious cases.