Ratio Decidendi
Fees for employment tribunal claims were unlawful because they effectively prevented access to justice. The right of access to courts is both a common law constitutional right and an EU law right. Subordinate legislation that has the effect of preventing the exercise of legal rights is ultra vires.
ข้อเท็จจริง
In 2013, the Lord Chancellor introduced fees of up to £1,200 for employment tribunal claims. The number of claims fell by 66–70%. UNISON challenged the fees as unlawful, arguing they prevented workers from accessing justice.
สรุปคำพิพากษา
The Supreme Court unanimously held the fees were unlawful and must be quashed. Lord Reed held that the fees were so high as to prevent access to justice, which was both a constitutional right under common law and required by EU law (principle of effectiveness). The fees bore no relation to the amount at stake in many claims and imposed a disproportionate burden on low-paid workers.
คำกล่าวสำคัญ
"Courts exist in order to ensure that the laws made by Parliament, and the common law created by the courts themselves, are applied and enforced. That role cannot be fulfilled if people are prevented from accessing the courts."
— Lord Reed
การอ้างอิงภายหลัง
Employment tribunal fees were abolished following this judgment. The case is cited as a leading authority on access to justice as a constitutional right.