The Supreme Court’s ruling that employment tribunal fees ‘are unfair, therefore they are unlawful’ is ‘surprising’, a senior employment law solicitor has said.
Fry says the introduction of fees was not the sole reason for the decline in tribunal cases, for example, the qualifying period for unfair dismissal was raised from one to two years, compensation for unfair dismissal was limited to 12 months’ pay, and tribunals were given increased powers to strike out claims at an early stage.