• Unison had argued that ET fees prevented individuals from having access to justice, that the regime discriminated against certain groups and that the Lord Chancellor had failed to satisfy the public sector equality duty. The appeal failed because it was felt there was not enough evidence of the impact of fees on individuals although the dramatic reduction in the number of claims was noted.

    The decision was made that the figures on their own were insufficient to establish individuals were unable to pay the fees and therefore were unable to have effective access to justice. It was felt the different fee rates with higher fees being paid for more complex claims was justified because of the greater demand such claims placed on tribunal resources. Unison has sought permission to appeal to the Supreme Court.

    In the meantime, a formal review on the impact of tribunal fees by the Ministry of Justice is underway with completion of the review expected later in the year.

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