Outcome at a glance
UNISON won its appeal. The employment tribunal fees order was unlawful because it prevented access to justice and had to be quashed.
Allegations & issues
UNISON challenged the lawfulness of the 2013 fees order, including its impact on access to justice and discrimination.
Key rulings & findings
The fees unlawfully obstructed access under domestic and EU law. Higher fees for certain claims also indirectly discriminated against women without sufficient justification.
Admissions
The decision records judicial findings, not an admission by the Lord Chancellor.
Disposition
Appeal unanimously allowed on 26 July 2017; the fees order was unlawful from the outset.
Penalties, damages & redress
The appeal was a challenge to the fees regime, not a claim for a single damages award.
Restrictions & obligations
The challenged fees order could not lawfully continue in effect.
THE UNDERLYING RECORD
Primary sources
Read the full documents for their precise wording and context. Regulator summaries are identified separately from court records.
Court record · supremecourt.uk01 · Supreme Court · Case record and judgment ↗Court record · supremecourt.uk02 · Supreme Court · Press summary, 26 July 2017 ↗