We now know what the short-term holds for public procurement at the end of the Brexit transitional period.
Until the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 came into force in 2013, a claimant could bring proceedings without paying any fees. The Fees Order came into force in an effort to deter unmeritorious claims and allay the burden on taxpayers.
The appeal in the above case arose out of proceedings for judicial review, in which the appellant, Unison, argued that the Fees Order was unlawful because the prescribed fees restrict access to justice, frustrate the operation of Parliamentary legislation granting employment rights, and discriminate unlawfully against women and other protected groups.
In a unanimous decision, the Supreme Court has allowed the appeal. The Supreme Court held that the Fees Order is unlawful under both domestic and EU law because the fees prevent access to justice. The Supreme Court found that fees were most frequently cited as the reason for not submitting a claim and that where households on low-to-middle incomes can only afford fees by forgoing an acceptable standard of living, the fees cannot be regarded as affordable.
The Court further found that the Fees Order is unlawful because it contravenes the guarantee of an effective remedy before a tribunal under EU law, as it imposes disproportionate limitations on the enforcement of EU employment rights.
Finally, the Court held that the Fees Order is indirectly discriminatory under the Equality Act 2010 because a higher proportion of women bring type B rather than type A claims, and the higher fees under type B claims, therefore, put women at a particular disadvantage.
The Court could not find a correlation between the higher fees and the merits of a case and that meritorious and unmeritorious claims could be deterred by the higher fees.
The ruling means that the Fees Order has been quashed. The Government will be forced to repay approximately £27million to individuals who have paid tribunal fees since 2013. There won’t be recourse for employers who have paid employees fees as part of the settlement of claims, but, where unsuccessful Employers have been ordered to pay fees, they can expect to recover them. This will be a challenging job to administer.
Given that the Labour party manifesto proposed to abolish fees, politically, it may prove challenging for the Government to get any revised approach to Tribunal fees through Parliament and therefore this may be the last we see of Tribunal fees for at least this Parliament. Employers can expect to see an increase in Tribunal claims on the back of this decision. We consider the reduction in claims since 2013 was also influenced by the move to needing two years’ service to bring an unfair dismissal claim and, as a result, we don’t expect claims to return to 2013 levels.
Daniel Brewer from Resonance talks about his journey into investing in enterprise with a social purpose, and discusses what the landscape looks like for social businesses post Covid-19.
On 1 December 2020 the Court of Appeal handed down judgment in Pimlett v Curo Places Limited EWCA Civ 1621 where prior judgments in the First-tier Tribunal and the Upper Tribunal were overturned.
For part 3 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Madhur Sharma on how she has been coping during these unprecedented times.
On 26 November 2020 further changes to the 'Building Regulations: Fire safety - Approved Document B' will take effect.
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
As the end of 2020 beckons, we take a look at what progress the Sterling market has made in its preparations for the end of the London Interbank Offered Rate (LIBOR) on 31 December 2021.
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
For part 2 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Lisa Whitehouse on how she has been coping during these unprecedented times.
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