HOME

TheInfoList



OR:

''R (UNISON) v Lord Chancellor'' UKSC_51
is_a_UK_labour_law.html" ;"title="017
UKSC 51
is a UK labour law">017
UKSC 51
is a UK labour law and UK constitutional law judgment of the Supreme Court of the United Kingdom. It held that fees for employment tribunals are unlawful because they impede access to justice, and defy the rule of law.


Facts

Unison In music, unison is two or more musical parts that sound either the same pitch or pitches separated by intervals of one or more octaves, usually at the same time. ''Rhythmic unison'' is another term for homorhythm. Definition Unison or per ...
claimed that fees for employment tribunals were ''
ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
''. The UK government introduced £1,200 fees to bring a typical case to an employment tribunal through the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893). The Lord Chancellor purported to exercise this power under section 42(1) of the
Tribunals, Courts and Enforcement Act 2007 The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental ...
. Unison claimed that the order was ''
ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
''.


Judgment

The Supreme Court unanimously held that employment tribunal fees were unlawful.


See also

* United Kingdom labour law


Notes


References

*E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 3, 149 Supreme Court of the United Kingdom cases 2017 in British law United Kingdom constitutional case law {{UK-law-stub