Supreme Court to hear appeal on employment tribunal fees

Unison to continue legal challenge to fees scheme

The Supreme Court is to hear Unison's appeal against the Court of Appeal's decision in [R (On the application of Unison) v The Lord Chancellor [2015] EWCA Civ 935]().

Unsion had argued that the policy would be indirectly discrminatory but Underhill LJ upheld the High Court's decision, saying

"It is a strong thing to strike down legislation on the basis of disputed predictions as to its effect when the passage of a comparatively short period of time will prove their correctness or otherwise. In my view it was a proper exercise of the Court's discretion in the present case, given the real difficulties with the quality of the evidence available pre-implementation, to decline to grant any relief."

The Supeme Court will look at the issues of whether the Court of Appeal erred in

"its approach to the EU principle of effectiveness; in its approach to indirect discrimination and in concluding that Fees Order was not indirectly discriminatory."

No date for the hearing has been listed as yet.

You can read the Supreme Court notice here.

Published: 26/02/2016 13:06

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