Further to yesterday's emails on tribunal fees, here is a fuller update.
The (Scottish) Court of Session declined to grant an interim interdict, given the Lord Chancellor's undertaking that any tribunal fees paid after 29th July will be repaid if, at a full hearing in (probably) October, the Court decides the fees regime is unlawful.
This is welcome, but does not help those who will choose not to lodge tribunal claims between 29th July and the Court of Session hearing because they cannot afford the feeds.
Meanwhile, also yesterday, the judge in the (English) Unison JR case agreed to expedite the judicial review hearing. It is understand a decision will be issued on whether permission is granted next week (and permission seems highly likely). If permission is granted, then "consideration may be given to deferring implementation of the new fees regime" (according to the Unison press release).
Back to the Court of Session: the Lord Chancellor has conceded that a ruling by the Court of Session will bind the whole of the UK, not just Scotland. Further, the government made three concessions in open court:-
- only one fee is due for multiple appeals in the EAT (the drafting of the Fees order suggests one fee per Appellant)
- preliminary hearings will not warrant any hearing fee
- Equal Pay claims fall into 'Type A' claims (triggering the lower fee level) - a drafting error which will need legislation to correct.
We had the QC from the Court of Session come along and talk to us, straight after the judgment, at yesterday's MasterClass in Edinburgh (see photos). Next week's MasterClasses take place in Birmingham and Cardiff, followed afterwards by Manchester and London.