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

  • Pay Awards & Forecast (September 2018)

    FREE DOWNLOAD

    Pay Awards & Forecast (September 2018...

    Read Croner Reward's expert settlement and forecast report for September 2018

    Read more
  • Sample Health & Safety Policy Statement

    FREE DOWNLOAD

    Sample Health & Safety Policy Stateme...

    Here we’ve included a free sample Health & Safety Policy Statement that UK business owners can refer to.

    Read more
  • Pay Awards & Forecast (June 2018)

    FREE DOWNLOAD

    Pay Awards & Forecast (June 2018)

    Read Croner Reward's expert Settlements and Forecasts report for June 2018

    Read more
  • Holiday entitlement - everything you need to know

    BLOG

    Holiday entitlement - everything you ...

    The annual employee holiday entitlement in the UK is 5.6 weeks. This figure is t...

    Read more
  • What is the best way for your employees to clock in and out of work?

    BLOG

    What is the best way for your employe...

    Clocking in and out of work may be a necessity for your workplace, but it can al...

    Read more
  • How Much Does Employee Turnover Cost Your Business?

    BLOG

    How Much Does Employee Turnover Cost ...

    A recent Glassdoor survey revealed that almost 35% of hiring professionals expec...

    Read more
  • bemrose-school-derby

    CASE STUDY

    Bemrose School Derby

    “Having Croner-i saves us a lot of time and money, as we do not have to use cred

    Read more
  • wmtr

    CASE STUDY

    WMTR

    “I’d definitely recommend the Croner OnSite services and I have done already, I

    Read more
  • certikin

    CASE STUDY

    Certikin

    “Our Distribution Manager had a particularly technical query relating to respira

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.