A WORKING CLASS VICTORY

RMT helpline 0800 376 3706 :: july/august 2017 :: RMTnews 25 In a ground-breaking judgement, the Supreme Court has ruled that the government’s decision to introduce tribunal fees in 2013 was in breach of both domestic and UK constitutional law, as it was found to have unlawfully intruded on the citizen’s right of access to court. The Fees Order was successfully challenged by UNISON, with the assistance of the Equality and Human Rights Commission, after having lost beforehand in the Court of Appeal and two Divisional Court hearings. The Fees Order meant that the cost of bringing an employment claim to tribunal ranged between £390 and £1,200, with discrimination cases costing upwards of that due to their often lengthy and complex process. Effectively, this barred many low to mid income households and workers whose financial realities meant it was not feasible for them to bring their cases to court; factors such as the uncertainty surrounding whether a case would be successful and that the financial rewards of a successful small claim would be outweighed by the hefty financial cost that came attached. The Supreme Court acknowledged this as an unlawful impediment to justice, as well as finding that the Fees Order discriminated against women, who were more likely on average to bring discrimination cases to court. The nail in the coffin for the Fees Order was the fact that it had failed to reduce the number of weak cases that wasted time and money, which had been the Government’s main justification when they implemented the Order, whilst causing a 79 per cent drop in the number of cases brought to tribunal over the last three years. This showed that not only was the Order ineffective but also prevented those who had faced injustice in the workplace from being able to defend themselves in the courts. As a result of the ruling fees are no longer payable when bringing an employment case to tribunal. This means that no one has to pay a fee to lodge a claim nor does a hearing fee have to be paid. If a claim has already been lodged and a notice to pay the hearing fee has been issued it will not have to be paid. The government has agreed to reimburse those who had paid the fees, which leaves them looking to pay reparations of up to £32 million. The mechanism for reimbursing fees has not yet been announced. Further guidance will be given once we know the mechanism for recovery of fees. If the fee was paid as part of a settlement agreement it will be difficult for an employer to recover the fee as they are bound by the terms of the settlement agreement. Where the tribunal ordered the employer to pay the fee we will have to wait for further details from the government as to what they propose to do about it. RMT shall be seeking legal advice on the best and most effective way to recover the thousands of pounds on fees we have spent defending member’s cases. However RMT’s criteria for taking on a case has never been motivated by the costs and only simply ask whether there are reasonable prospects of success and if there are then RMT fights the case; that position has never changed even with the introduction of fees. In the long term, this is a victory for all trade unions working together against the government’s attempts to commercialise justice and workers’ rights, as any future restrictions the government may try to implement will be put under fierce scrutiny as a result of today’s judgement. RMT general secretary Mick Cash said that it was a brilliant and ground breaking victory for every worker in Britain and the union salutes UNISON for its determined efforts in this case on behalf of the entire British working class. “The result proves conclusively that the only chance workers have of defending themselves against bad bosses is through their trade unions. “The victory today is a massive boost for the whole trade union movement as we fight against the tidal wave of attacks on workplaces the length and breadth of Britain,” he said. LEGAL A WORKING CLASS VICTORY RMT salutes UNISON for defeating Tory attempts to impose tribunal fees on workers