R (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) (Nos 1 and 2)

The Supreme Court allowed appeals by the trade union UNISON and the Equality and Human Rights Commission against the lawfulness of fees imposed by the Lord Chancellor in respect of proceedings in employment tribunals and the employment appeal tribunal. The Fees Order had the effect of preventing access to justice, and was therefore unlawful under both English law and EU law. The imposition of fees could not be justified as a proportionate intrusion upon the right of access to justice, since the fees were not set at a level that everyone could afford, taking into account the availability of full or partial remission. The evidence showed that the Fees Order had had a particularly deterrent effect on the bringing of claims of low monetary value. The Supreme Court quashed the Fees Order.