In the July edition of our Newsletter we reported on the implementation of Tribunal Fees which took effect from the 29th July 2013. The fees are now in place and so far indications are that there was quite a surge on Tribunal applications being lodged in July, however this has diminished during subsequent months.
We also reported that the tribunal fees were subject to a judicial review as both Unison and a firm of Solicitors in Scotland, Fox & Partners, have challenged the implementation of fees, claiming the fee scheme to be unlawful. The Scottish Court of Sessions have now stayed the judicial review proceedings brought by Fox & Partners for six months, on the basis it raised the same issues as the judicial review brought by Unison in the High Court in London, which is due to be heard on 22nd and 23rd October.
The Ministry of Justice has confirmed that if either of the judicial reviews decide the fee scheme is unlawful, the fees will be repealed throughout the UK. The Ministry of Justice has also undertaken to refund any tribunal fees paid if the fee scheme is ultimately held to be unlawful.
We will update you in the next edition of our newsletter as to the High Court Judgement.