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15 August 2017 | Comment | Article by Louise Price

Discrimination claim revived after fees ruled unlawful: Employment tribunal fees

The Law Society Gazette has today reported that a claimant has successfully had time extended to hear her discrimination case in connection with the non – payment of fees. According to the Gazette the case is one of the first employment tribunal cases to be affected by the Supreme Court’s landmark ruling that tribunal fees are unlawful.

The decision is a first instance decision of Southampton tribunal. The Gazette has reported that:

The claimant, a Tesco employee, brought an original claim of disability and age discrimination but her application for help with fees was unsuccessful and she was required to pay an issue fee. When she failed to do so her claim was rejected. By the time she became aware of this, she was potentially out of time to lodge a fresh claim.

Upon the claimant issuing a second claim, Tesco argued that the tribunal should decline jurisdiction. However, it was successfully argued that because the claimant had only had her first claim rejected because of the obligation to pay unlawful fees, this ought to justify a ‘just and equitable’ extension of time under the Equality Act 2010. The tribunal judge apparently agreed and granted the extension.

Read the article here.

Author bio

A highly specialised lawyer, Louise is a Partner and Head of Employment and HR services. Her expertise includes corporate support work, TUPE, pensions and employee benefits advice. She regularly advises private, public and third sector clients regarding large scale TUPE transfers of staff including drafting indemnities and warranties, advising on potential employment and pension liabilities, information and consultation obligations, and providing best value guidance.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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