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In advance of the introduction of Employment Tribunal fees on 29 July 2013, legal challenges were mounted in Scotland by law firm Fox & Partners, who lodged a petition for Judicial Review at the Court of Session in Edinburgh, and in England by Unison who petioned the High Court.
Although initial attempts to block the fees from being introduced on 29 July were unsuccessful, the judicial review challenge to the legality of tribunal fees brought by Unison has now been listed in the High Court for 22nd and 23rd October 2013, and the parallel challenge in the Court of Session brought by Fox & Partners has a hearing next week, on 26th September.
The outcome of the judicial review could have far reaching imlications for all those who have lodged claims with the Employment Tribunal in the interim but in the event Fox & Partners and/or Unison are successful, Claimants can rest easy as the Ministry of Justice has undertaken to refund any tribunal fees paid if the fee scheme is ultimately held to be unlawful.