Challenge to ET fees

I am indebted to Pauline Rourke for supplying the following.

IMPORTANT PRESS RELEASE
FOX AND PARTNERS
LEGAL CHALLENGE TO INTRODUCTION OF FEES IN EMPLOYMENT TRIBUNALS
Scottish Law firm- Fox and Partners - launches Judicial Review
Fox and Partners have today lodged a petition for Judicial Review at the Court of Session in Edinburgh to challenge the introduction of fees within the Employment Tribunal System and the EAT in Scotland. For the first time in the history of Employment Tribunals the UK government proposes to introduce fees on 29th July 2013. These fees will make it much more difficult, if not impossible, for low paid women to lodge equal pay claims, place a financial burden upon workers who are unfairly dismissed or made redundant and will impose a monetary penalty on employees who wish to lodge a whistle blowing case. Ordinary workers with relatively small claims for unlawful deduction of wages, unpaid holidays or failure to pay the national minimum wage will be deterred from pursuing their statutory rights as the fees may be disproportionate to the potential award.
We believe that the imposition of fees in principle is unjust as this will further limit access to justice in Scotland. In the present economic climate we wish to protect employment rights and have therefore instructed an eminent QC to take legal action to challenge the imposition of fees in Scotland. Our decision to lodge this petition is also supported by Stefan Cross QC as he has expressed grave concerns about these fees and the continued rights of women to pursue equal pay cases in Scotland.
The level of the proposed tribunal fees are far higher than any other court in Scotland as they appear to have been modelled upon English courts. In order to lodge a case for discrimination or unfair dismissal a claimant must first pay £250 to have the complaint accepted by the Employment Tribunal and a further £950 before the case can proceed to a full hearing. Equal pay cases which we have pursued on behalf of low paid women since 2005 will now have to pay fees for any appeal. They will be required to lodge a fee of £400 to institute the appeal and a further £1200 for an appeal hearing. Yet fees in Scottish Courts have traditionally been at a much more affordable level of for example, £48 and £207 fees respectively in ordinary causes in the Sheriff Courts.
Leading Senior Counsel, Jonathan Mitchell QC has been instructed on our behalf and we have intimated the petition to the Advocate General for Scotland, the Presidents of the Employment Tribunal in Scotland and the EAT in London. We have also served papers on the Equality and Human Rights Commission and the Lord Advocate as interested parties. We believe that the new Regulations fail to comply with European, Human Rights or Equality Law and wish to ensure that Scottish Judges
have a full opportunity to debate these important issues before the imposition of these unjust fees. We seek an interim interdict to prevent the imposition of fees pending a full court hearing addressing these matters. The initial hearing is listed for Thursday 4th July 2013 at 10am at the Court of Session in Edinburgh.
Fox and Partners is the specialist employment law firm of Scotland which only represents claimants. We have therefore taken this legal action to protect the interests of all existing and future claimants to ensure that we uphold the principle of equality and access to justice for low paid workers. Our record of fighting mass equal pay cases since 2005 and pursuing individual employment cases for claimants places us in a unique position to challenge these regulations and the imposition of unjust and unaffordable fees.
Notes to Editors:
1. Fox and Partners represents over 12,500 claimants with equal pay cases underway at the Employment Tribunal.
2. In addition we specialise in employment law and have over 40 years combined experience of representing claimants before the Employment Tribunal.
3. Employment Tribunals were originally called Industrial Tribunals with the intention of open access to peoples’ courts where individuals could more easily enforce their employment rights.
4. If further comment is required please speak to Carol Fox at Fox and Partners on 0131 652 7360 or out of hours 07962 158940.