CaseOutcomes
Public administration · United Kingdom

UNISON v Lord Chancellor

Employment tribunal fees and access to justice

Fees order quashed

Outcome at a glance

UNISON won its appeal. The employment tribunal fees order was unlawful because it prevented access to justice and had to be quashed.

Allegations & issues

UNISON challenged the lawfulness of the 2013 fees order, including its impact on access to justice and discrimination.

Key rulings & findings

The fees unlawfully obstructed access under domestic and EU law. Higher fees for certain claims also indirectly discriminated against women without sufficient justification.

Admissions

The decision records judicial findings, not an admission by the Lord Chancellor.

Disposition

Appeal unanimously allowed on 26 July 2017; the fees order was unlawful from the outset.

Penalties, damages & redress

The appeal was a challenge to the fees regime, not a claim for a single damages award.

Restrictions & obligations

The challenged fees order could not lawfully continue in effect.

THE UNDERLYING RECORD

Primary sources

Read the full documents for their precise wording and context. Regulator summaries are identified separately from court records.

Court record · supremecourt.uk01 · Supreme Court · Case record and judgmentCourt record · supremecourt.uk02 · Supreme Court · Press summary, 26 July 2017