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]

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.

It was argued that "the making of the Fees Order was not a lawful exercise of those powers, because the prescribed fees interfere[d] unjustifiably with the right of access to justice under both the common law and EU law, frustrate the operation of parliamentary legislation granting employment rights, and discriminate unlawfully against women and other protected groups".[2]

Judgment

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

See also

Notes

  1. ^ "Employment tribunal fees regime unlawful".
  2. ^ Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission and another intervening) (Nos 1 and 2) [2017] 3 WLR 409 para.3

References

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


Allikas: http://en.wikipedia.org/wiki/R_(UNISON)_v_Lord_Chancellor
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