Judicial review update

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Unison have been granted permission to appeal their unsuccessful judicial review of Employment Tribunal fees so watch this space for a further update on the appeal or whether the Government fulfil their commitment to review tribunal fees without the need for further litigation. Of course now the Court will have the benefit of real statistics which show a dramatic reduction in claims overall. Some geographical areas and some types of claims have been more greatly impacted than others. Statistics have also been revealed recently in the House of Commons which show that the number of success remission claims was lower than the Government outlined in its original impact assessment. It therefore seems that Unison have a wealth of helpful statistics on their side second time round.

Compromise Agreements Ltd brought the second judicial review last year, this time about the new cap on unfair dismissal claims of one year’s salary as they felt that this disadvantaged older claimants who would find it more difficult to find work (and thus would be more likely to have losses in excess of one year). The High Court has dismissed this judicial review application too. It is only early days and it is not clear whether this will also be the subject of an appeal.

Written by
Edward Aston
27th May 2014