Supreme Court rule Tribunal Fees are unlawful

The Supreme Court has allowed the appeal by Unison against the legality of the current system of employment tribunal fees, holding that the fees regime introduced in 2013 is unlawful. With effect from today, there will be no fees payable to bring a Tribunal claim.

Judgment

Any fees paid must be refunded.

A great day for access to justice.

However, what about all those people who chose not to bring a claim because of the fees?  Will Tribunals be amenable to the argument that it was not reasonably practicable to bring a claim when a Claimant was significantly impeded from doing so by an unlawful fees regime?  Or that following today’s decision it is just and equitable to extend time for bringing a claim?

Interesting times ahead :)