UNISON IN THE SUPREME COURT: THE RULE OF LAW AND THE NEGLECTED PUBLIC FUNCTION OF ET CLAIMANTS

Michael Ford QC, Old Square Chambers and Bristol University

In R(UNISON)) v Lord Chancellor [2017] UKSC 51 the Supreme Court upheld UNISON’s challenge to the lawfulness of the Employment Tribunals and EAT Fees Order. Described by one commentator as the “the biggest single victory in the history of employment law”, the judgment means that fees are no longer payable for employment tribunal claims and EAT appeals, and the Government faces a bill estimated at £30 million for past fees. Other consequences of the ruling remain to be explored, and the judgment has very significant implications for access to justice in areas beyond employment. Dinah Rose QC and Shantha David acted for UNISON in the challenge; Michael Ford QC acted for the EHRC. They will discuss the background to fees, the history to the litigation, the arguments before the Supreme Court, and the short-term and long-term implications of the judgment.

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