Access to justice 1, Chris Grayling 0
Lawyers are bursting with pride and emotion over a Supreme Court ruling that declares employment tribunal fees unlawful.
The seven-strong bench unanimously sided with trade union UNISON in its legal action against the Lord Chancellor, over an employment tribunal ‘fees order’ introduced by Chris Grayling.
This order requires would-be litigants to pay up to £1,200 to access the tribunal, the effect of which has been dire. In the words of Winckworth Sherwood employment lawyer Tim Goodwin:
This has seen, in some areas, tribunal claims fall by up to 80%. Far from dissuading workers from bringing hopeless cases, the fees have discouraged genuine litigants from pursuing their rights simply on the basis that they cannot afford to pursue their employer.
UNISON — represented by Dinah Rose QC, Karon Monaghan QC and others — argued the making of the fees order was unlawful because: it interfered unjustifiably with the right to access to justice, it frustrated the operation of parliamentary legislation granting employment rights, and it discriminates unlawfully against women and other protected groups.
Today, Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Wilson, Lord Reed and Lord Hughes ended this four-year legal battle by siding with UNISON — here are 15 of our favourite reactions to the news.
1) Sean Jones QC admits he got tearful when reading the ruling
#ETFees SC does #BasicLaw. I will confess to getting a little tearful reading this: pic.twitter.com/1Wu2RSQwAs
— Wholesale Import (@seanjonesqc) July 26, 2017
2) Take that Grayling, says human rights barrister Adam Wagner
Supreme Court's Employment Tribunal Fees judgment is the latest in a line slowly dismantling Chris Grayling's attacks on access to justice
— Adam Wagner (@AdamWagner1) July 26, 2017
3) Joshua Rozenberg loves Lord Reed’s judgment so much, he’s backing him for Supreme Court president
Terrific judgment on employment tribunal fees by Lord Reed, 60. https://t.co/7Z0ugEWAuB He’s now my tip for dep pres (and president in 2020)
— Joshua Rozenberg (@JoshuaRozenberg) July 26, 2017
4) So does King’s College London academic James Lee!
I shall predict that Lord Reed will succeed Lady Hale as the next President of the UK Supreme Court. https://t.co/5NRxjZPM8s
— James Lee (@jamessflee) July 26, 2017
5) This decision is going to cost the government a lot of money…
Christina Tolvas-Vincent, partner at Bond Dickinson, told us: “the Lord Chancellor previously gave an undertaking to repay all employment tribunal fees paid since 2013 if the fees order was found to be unlawful and the government will need to set up a system for repayment.”
6) Some more Grayling love
Oh yes! Supreme Court slaps down Chris Grayling's spiteful, unlawful Employment Tribunal fees designed to stop people enforcing their rights https://t.co/8q2nU5rmGz
— The Secret Barrister (@BarristerSecret) July 26, 2017
7) Don’t we all, Caspar Glyn QC
Fees Order quashed. Lord Chancellor will repay all fees. Good God. I need to lie down! #ukemplaw#etfees
— Caspar Glyn QC (@CasparQC) July 26, 2017
8) Air punch time
Excuse me, I have a lot of air to punch! #ETFees
— Wholesale Import (@seanjonesqc) July 26, 2017
9) Could this be a revolution?
We may not have a constitution but the Supreme Court is building one from the common law and human rights anyway #VivaLaRevolution
— Adam Wagner (@AdamWagner1) July 26, 2017
10) All the legal greats get a look-in (no Denning though)
Supreme Court quotes the Magna Carta, Coke, and Blackstone in the course of its ruling against employment tribunal fees
— Conor James McKinney (@mckinneytweets) July 26, 2017
11) Scenic
Driving through French countryside following Supreme Court #ETfees decision
— PJ Kirby QC (@kirby_pj) July 26, 2017
12) The Bar Council is also very happy
A spokesperson said: “This decision from the Supreme Court is welcome to all who believe in the fundamental importance of the rule of law.”
13) UNISON’s assistant general secretary couldn’t hide her joy
Proudest day of prof life. Stunning result @UKSupremeCourt .@UNISON_legal .@unisontweets wins access to justice 4 all #ukemplaw #ETfees
— Bronwyn McKenna (@bronwyn_mckenna) July 26, 2017
14) ???
Whoever your God – or none at all – thank her or him for the Supreme Court. @UKSupremeCourt and the great Lord Neuberger.
— Kerry Underwood (@kerry_underwood) July 26, 2017
15) Legal officer Michael Reed sums up just how important this court ruling is
I don't want in any way to be hyperbolic, but the Supreme Court ET fees decision may be the most important employment case of my lifetime.
— Michael Reed (@reedmj) July 26, 2017
Read the judgment in full below:
For all the latest commercial awareness info, and advance notification of Legal Cheek’s careers events, sign up to the Legal Cheek Hub.