The Supreme Court has ruled that it is unlawful for applicants in Employment Tribunal proceedings and Employment Appeal Tribunal proceedings to have to pay fees to apply to the Tribunal.
It has also found it to be indirect discrimination for the different fee scales, which included higher fees being chargeable in discrimination cases. The majority of discrimination cases are brought by women. The fees ranged from £390 to £1200.
The introduction of the fees in 2013 brought about a massive cut in the number of cases being taken to the Employment Tribunal.
The government has confirmed that voluntary repayment of the fees, believed to amount to in the region of £32M, will be arranged. The requirement to pay fees will cease with immediate effect.