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

  • Sample Mental Health Policy

    FREE DOWNLOAD

    Sample Mental Health Policy

    Read more
  • Disciplinary Letter Template

    FREE DOWNLOAD

    Disciplinary Letter Template

    Read more
  • H&S Risks of Sleep in Shifts

    FREE DOWNLOAD

    H&S Risks of Sleep in Shifts

    Read more
  • Cricket World Cup: Dealing with Sporting Events in the Workplace

    BLOG

    Cricket World Cup: Dealing with Sport...

    The 2019 Cricket World Cup will run from 30th May through to 14th July. Matches ...

    Read more
  • What are the benefits of benchmarking?

    BLOG

    What are the benefits of benchmarking...

    Salary benchmarking is no doubt a term you’ve come across, especially if you wor...

    Read more
  • Office Dogs: Good Idea or Bad Idea?

    BLOG

    Office Dogs: Good Idea or Bad Idea?

    So, I was going to write about Brexit this month. But we’re not doing that now. ...

    Read more
  • Numark

    CASE STUDY

    Numark

    Numark serve as a virtual head office for independent pharmacies on the high str...

    Read more
  • Gilmour Quinn

    CASE STUDY

    Gilmour Quinn

    Gilmour Quinn Financial Planning Ltd is, as the name suggests, a small financial...

    Read more
  • Wardman Brown

    CASE STUDY

    Wardman Brown

    "I would say it has has a noticeable impact, in particular it has improved the H

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.