Case Law Alert – Supreme Court rule Tribunal Fees Order is unlawful under both domestic and EU law

In this edition:

Makbool Javaid, Partner and Head of Employment Law looks at the Supreme Court’s ruling in R (on the application of UNISON) v Lord Chancellor which accepted UNISON’s argument that tribunal fees are a barrier to the enforcement of employment rights and discriminate unlawfully against women.  This being the case, the Court ruled that the Tribunal Fees Order is unlawful under both domestic and EU law because it has the effect of preventing access to justice and since it had that effect as soon as it was made, it was therefore unlawful and must be quashed.