Employment Tribunal Fees Judicial Review: Croner Analysis

blog-publish-date

19 Dec 2014

blog-read-duration

Yesterday it was reported that the employment tribunal fees legal challenge application by Unison had been dismissed at judicial review by the High Court. Commenting on the news, Richard Smith, Croner Head of HR, says: “This case was argued on the basis that fees have limited the ability to pursue claims to enforce EU rights and also that it has been indirectly discriminatory as women are more likely to miss out on the opportunity to present sex discrimination and equal pay claims due to the high levels of fees. The case has been lost partly on principle but also as there was an absence of an actual disadvantaged person. We think it very likely that a further application and/or appeal will be presented so this is far from the end of this matter. “2015 will be an interesting year for employment law, in particular developments surrounding employment tribunals, and the outcomes of the general election will play a huge part in this. We think the government has overshot its intended reduction in cases; they estimated that it would deter 40% of claims, but in fact numbers have fallen by 80%. There is also a political dimension; it will be interesting to see how the result of the election will affect policy with the Labour Party seemingly against fees – at least at this level. Devolution measures in Scotland may also change the rules north of the border. “Employers will be anxious not to return to a litigation free-for-all where hundreds of thousands of claims were brought each year, so this High Court dismissal will satisfy many.”

Free to Download Employer Resources

  • Holiday Request Refusal Letter

    FREE DOWNLOAD

    Holiday Request Refusal Letter

    Read more
  • Letter Informing Employee they are to be Dismissed for Gross Misconduct

    FREE DOWNLOAD

    Letter Informing Employee they are to...

    Read more
  • Letter Informing Employee they are to be Laid Off

    FREE DOWNLOAD

    Letter Informing Employee they are to...

    Read more
  • Reasonable Adjustments: An Employer’s Guide

    BLOG

    Reasonable Adjustments: An Employer’s...

    The Equality Act 2010 defines disability as any ‘long-term’ or ‘substantial’ phy...

    Read more
  •  Statutory Notice Period: Employer's Guide

    BLOG

    Statutory Notice Period: Employer's ...

    Every business has a standard which they expect their employees to meet. If they...

    Read more
  • Cigarette Breaks: Should You Provide Them?

    BLOG

    Cigarette Breaks: Should You Provide ...

    Employees are not automatically entitled to take additional breaks to smoke duri...

    Read more
  • Syalons

    CASE STUDY

    Syalons

    International Syalons is a manufacturer of advanced ceramics, working for variou...

    Read more
  • Pangea Support

    CASE STUDY

    Pangea Support

    We see Croner being integral to our organisation moving forward, and we’d defini

    Read more
  • JC Couriers

    CASE STUDY

    JC Couriers

    With Croner it genuinely feels like they want me to be a success. And I'm happy

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.