R (UNISON) v Lord Chancellor

R (UNISON) v Lord Chancellor [2017] UKSC 51 is a UK labour law and UK constitutional law judgment of the Supreme Court of the United Kingdom. It held that fees for employment tribunals are unlawful because they impede access to justice, and defy the rule of law.[1]

R (UNISON) v Lord Chancellor
CourtUK Supreme Court
Full case nameR (on the application of UNISON) v Lord Chancellor
Decided26 July 2017
Citation(s)[2017] UKSC 51
Case history
Appealed fromDivisional Court of the Administrative Court [2014] EWHC 218 (Admin); Divisional Court of the Administrative Court [2014] EWHC 4198 (Admin); Court of Appeal of England and Wales [2015] EWCA Civ 935
Court membership
Judges sittingLord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
Case opinions
  • Lord Reed: The Employment Appeal Tribunal Fees Order 2013 which imposed fees on appeals from employment tribunals is unlawful ab initio under English and European Union law as it has the effect of preventing access to justice.
  • Lady Hale, obiter: While discrimination under the Equality Act 2010 was not considered as the Order was unlawful ab initio, it was likely that it was not discriminatory in its application.
Concurrence
  • Lord Reed's opinion: Neuberger, Hale, Mance, Kerr, Wilson, Hughes
  • Lady Hale's opinion: Neuberger, Mance, Kerr, Wilson, Reed, Hughes
Keywords
Rule of law, Employment Appeal Tribunal Fees Order 2013, Tribunals, Courts and Enforcement Act 2007, judicial review

Facts

Unison claimed that fees for employment tribunals were ultra vires. The UK government introduced £1,200 fees to bring a typical case to an employment tribunal through the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893).

The Lord Chancellor purported to exercise this power under section 42(1) of the Tribunals, Courts and Enforcement Act 2007. Unison claimed that the order was ultra vires.

Judgment

The Supreme Court unanimously held that employment tribunal fees were unlawful.

See also

Notes
  1. "Employment tribunal fees regime unlawful".

References
  • E McGaughey, A Casebook on Labour Law (Hart 2019) ch 3, 149


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