In August 2015 the Court of Appeal dismissed the latest challenge brought by Unison against the introduction of employment tribunal fees.
Claims are divided into two types: Type A (for example, claims for statutory redundancy payments, unlawful deductions from wages and breach of contract) and Type B (for example, unfair dismissal, discrimination and whistleblowing).
For a single claimant, the issue fee for a Type A claim is £160 and the hearing fee is £230. The issue fee for a Type B claim is £250 and the hearing fee is £950. Individuals can apply for a full or partial fee remission which takes into account disposable and gross monthly income.
One of the key reasons for dismissal of the claim was the fact that the High Court believed the claim to be premature, due to the lack of evidence available as to the impact of the fees. In response to this, the government is undertaking a formal review of the impact of fees.
The Supreme Court is expected to hear Unison’s appeal against the Court of Appeal decision in March 2017.