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Friday, 28 July 2017

Employment tribunal fees have been ruled unlawful.

http://www.dailymail.co.uk/news/article-4731388/Unison-hails-landmark-win-employment-tribunal-fees-legal-battle.html

Employment tribunal fees unlawful, Supreme Court rules


Image result for Employment tribunal fees have been ruled unlawful.



It is the "silly season".It is that time of year when newspapers have little if anything to splash across their front pages, which explains why the headlines and "stories" are of such diverse subject matter.
The front pages churn out pictures of some Royal or other, always a good standby to fill a few column inches, or some yawn inducing words about some American politician or some B list celeb involved in another scandal. Some newspapers make up their own stories in their "Fake News" departments and cover their front pages with lies or smears about whichever political party they do not support and some even publish real news using a biased and warped emphasis against a perceived enemy. Take the Dialy Mail for example. Under the heading of "Queue here for the Gravy Train" the mail publishes the most scurrilous and reprehensible attack on working people that is pretty low, even for a paper renowned for its sickening reporting of anything not complying with the views of its owners Daily Mail and General Trust and Paul Dacre, the contemptible editor-in-chief of DMG Media.  


Image result for queue here for the gravy train July 2017 daily mail

The Daily Mail, or perhaps more accurately Paul Dacre, focuses his spleen on the Supreme Court (unanimous) ruling that the Government's employment tribunal fees are "illegal" and prevent people access to justice and the consequences that the ruling may have on businesses.
The Daily Mail and Paul Dacre, who have historically had a political position somewhere to the right of Genghis Khan disregard the ruling of the Supreme Court where the court considers that not only was Grayling's imposition of fees for Industrial Tribunal illegal, the fees charged denied many people the right to obtain justice for grievances, a right  enshrined in Magna Carter. 
The Mail argues that this ruling opens the way for employees to launch spurious claims against employers, bringing about a tidal wave of claims which smaller firms fear they will now have to settle because they cannot afford the time and expense of fighting them.
The Supreme Court justices’ decision that the fees, of between £400 and £1,200, which were forced upon employees who wished to take their employers to a tribunal, have been deemed illegal. The Court also ordered full refunds to those who paid the fees, totalling approx £32m. These fees were first introduced by the Coalition government in 2013.
There has always been an element within the press and within conservative governments certainly since 1979,which sought to restrict or even remove the rights of working people both within the working environment and in law. By curtailing the right of any person to resort to litigation for resolution of a grievance against another or against an employer the government and those supporting the government has attempted through legislation, to circumvent fundamental principles of justice and equity enshrined in English law through precedent and statute over hundreds of years.
These charges have prevented many legitimate claims being brought before the courts as many claimants could not afford the associated fees and consequently claims have fallen by 70% since the introduction of the charges. With this ruling from the Supreme Court, much resented by the Daily Mail and no doubt some members of government, one aspect of the anti working people legislation has been removed and the fees will be repaid.
There is much anti trade union and anti working people legislation currently remaining on our statute books , some of which was enacted by previous Labour governments, which must be repealed as soon as possible. The ruling by the Supreme Court was a milestone and is a step in restoring some balance between working people and employer which has been grossly one sided in favour of the employer for too many years.