Insights

Decade in Review: Employment

4/02/2020

To continue Howard Kennedy's trainees' decade in review series, I reflect on the developments for Employment Tribunals. 

The last decade has seen lots of changes in employment law - most notably the introduction and then abolition of fees for those bringing employment tribunal claims. The Supreme Court ruled that the Government's introduction of the fees regime was unlawful. The court ruled that the regime unfairly impacted on  discrimination claims. Such claims attracted higher fees and were brought by a higher proportion of protected groups, and women - so they were placed at a disadvantage by the fee regime (indirect discrimination).

This disadvantage could not be justified as a proportionate means of achieving the Government's stated aims under the fee regime; as there were other ways to achieve the same result i.e. better case management and use of deposit orders etc.