Employment Tribunal Fees
The Employment Tribunals Presidents in England and Scotland have issued a Case Management Order, effectively staying (pausing) any case brought in reliance on the decision of the Supreme Court in [Unison]".
The stay is place pending a decision from the Ministry of Justice and HMCTS in relation to the implications of that decision.
The Order is presumably a response to what is widely expected to be a significant number of historical claims which were either previously not submitted because Claimants were put off by paying the application fee, or which were rejected or dismissed because the correct fee had not been paid.
It seems likely that any cases brought as a result of the Supreme Court's ruling (that Employment Tribunal fee regime was discriminatory and unlawful) will be paused until the MoJ/ HMCTS has decided what to do with them.
EMPLOYMENT TRIBUNALS (ENGLAND & WALES)
CASE MANAGEMENT ORDER
OF THE PRESIDENT
In the matter of claims... brought to the Employment Tribunal...in reliance upon the decision of the Supreme Court in R (on the application of Unison) v Lord Chancellor [2017]....
IT IS ORDERED THAT:
1. All claims or applications brought to the Employment Tribunal in England and Wales in reliance upon the decision of the Supreme Court in R (Unison) v Lord Chancellor [2017] UKSC 51 (26 July
2017) shall be stayed to await decisions of the Ministry of Justice and Her Majesty’s Courts and Tribunals Service in relation to the implications of that decision.
2. Any party or representative wishing to make representations for the further conduct of such claims or applications should do so upon application to the Regional Employment Judge for the relevant Employment Tribunal
region.”
