Unison, R (on the application of) v The Lord Chancellor & Anor

Unison, R (on the application of) v The Lord Chancellor & Anor

The application is dismissed. The claims are premature and based on hypothetical or insufficiently robust evidence. The Fees Order does not currently breach the principle of effectiveness or equivalence, the Public Sector Equality Duty was not breached in procedure, and while there is a strong suspicion of disparate impact, the extent and justification cannot be determined without further evidence. The Lord Chancellor is under a continuing duty to monitor and, if necessary, amend the regime.

Parties
Claimant: UNISON; Defendant: The Lord Chancellor; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
07 February 2014
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Access to Justice, Employment Tribunal Fees, Indirect Discrimination, Public Sector Equality Duty, EU Law Effectiveness and Equivalence, Judicial Review Procedure
Constitutional Law Employment Law Equality and Discrimination Law Administrative Law Access to Justice Employment Tribunal Fees Indirect Discrimination Public Sector Equality Duty +2 more

Case Brief

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Parties

UNISON

Claimant

The Lord Chancellor

Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 violates the EU principle of effectiveness by making it virtually impossible or excessively difficult to exercise EU law rights
  2. 2 Whether the Fees Order breaches the principle of equivalence by imposing less favourable procedures for EU-derived rights than for similar domestic actions
  3. 3 Whether the Lord Chancellor breached the Public Sector Equality Duty under s.149 Equality Act 2010 in introducing the Fees Order

Ratio Decidendi

The application is dismissed. The claims are premature and based on hypothetical or insufficiently robust evidence. The Fees Order does not currently breach the principle of effectiveness or equivalence, the Public Sector Equality Duty was not breached in procedure, and while there is a strong suspicion of disparate impact, the extent and justification cannot be determined without further evidence. The Lord Chancellor is under a continuing duty to monitor and, if necessary, amend the regime.

Court Disposition

Application dismissed