Unison, R (On the Application Of) v Lord Chancellor

Unison, R (On the Application Of) v Lord Chancellor

Permission to apply for judicial review is granted as the grounds are arguable, but interim relief is refused because the challenge is not sufficiently strong to justify suspending the Fees Order, the public interest favours implementation, and adequate protections exist for vulnerable groups through the remission...

Source-derived case information.

Parties
Claimant: UNISON; Defendant: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Judicial Review / Permission Application and Interim Relief
Outcome
Permission granted for judicial review; interim relief refused
Legal Topics
Judicial Review, Employment Tribunal Fees, Interim Relief, Fee Remission, Access to Justice
Administrative Law Employment Law European Union Law Judicial Review Employment Tribunal Fees Interim Relief Fee Remission Access to Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

UNISON

Claimant

Lord Chancellor

Defendant

Procedural Posture

Judicial Review / Permission Application and Interim Relief

Legal Issues

  1. 1 Whether the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 is unlawful under EU law and domestic law
  2. 2 Whether the introduction of fees makes enforcement of rights excessively difficult or less favourable
  3. 3 Whether the Lord Chancellor failed to assess the impact of the changes

Ratio Decidendi

Permission to apply for judicial review is granted as the grounds are arguable, but interim relief is refused because the challenge is not sufficiently strong to justify suspending the Fees Order, the public interest favours implementation, and adequate protections exist for vulnerable groups through the remission scheme.

Court Disposition

Permission granted for judicial review; interim relief refused

Orders

  • Permission to apply for judicial review is granted
  • Application for interim relief is refused