Challenging employment tribunal fees: R (Unison) v Lord Chancellor and another (No.2)

In R (Unison) v Lord Chancellor and another (No.2) the High Court rejected Unison’s second application for judicial review of the policy of charging claimants to the Employment Tribunal (“ET”) and the Employment Appeal Tribunal (“EAT”). The policy, which was introduced across Great Britain by the coalition government in July 2013, removed the free access that has been in place since the National Industrial Relations Court was established by the Industrial Relations Act 1971. Had the court decided to strike it down, the judgment would have been effective in Scotland as well as in England and Wales. However, further devolution may lead to some interesting developments which are discussed at the end of this article.