Scottish Employment Tribunal cases stayed in wake of Unison judgment

Following last month’s Supreme Court judgment on employment tribunal fees (R (on the application of Unison) v Lord Chancellor) an order has been issued in Scotland staying cases originally rejected by tribunals.

The President of the Employment Tribunals in Scotland, Judge Shona Simon issued a case management order covering cases rejected because of a failure to pay fees.

It states: “All claims or applications brought to the Employment Tribunal in Scotland in reliance upon the decision of the Supreme Court in R (on the application of Unison) v Lord Chancellor UKSC 51 (26 July 2017) shall be sisted to await decisions of the Ministry of Justice and Her Majesty’s Courts and Tribunals Service in relation to the implications of that decision.”

Figures showed an 81 per cent drop in the number of claims accepted in the last quarter of 2013-14, after the fees were introduced.

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