Case details

R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent)

Case ID: UKSC 2015/0233

Case summary


Whether the Fees Order imposing fees in the Employment Tribunal and Employment Appeals Tribunal breached the EU principle of effectiveness, and whether it was indirectly indiscriminatory.


From 29 July 2013, persons bringing claims in the Employment Tribunal, and appealing to the Employment Appeal Tribunal, have been required to pay substantial fees, ranging from £390 to £1600. Following the introduction of fees, official statistics show a dramatic reduction in claims brought, by around 80%. The appellant's challenge to the Fees Order was unsuccessful in two sets of proceedings in the High Court, and on appeal in the Court of Appeal.

Judgment appealed

[2015] EWCA Civ 935





The Lord Chancellor

  1. Equality and Human Rights Commission
  2. Independent Workers Union of Great Britain



Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes

Hearing start date

27 Mar 2017

Hearing finish date

28 Mar 2017

Watch hearing
27 Mar 2017 Morning session Afternoon session
28 Mar 2017 Morning session Afternoon session