The UK Supreme Court ruled that fees for employment tribunals introduced by the government in 2013 are unlawful and the government will have to repay up to £32 million to claimants.

Trade union Unison stated that the fees, which could reach up to £1,200, prevented workers from accessing justice. They pointed to statistics that showed 79% fewer cases were brought over a period of three years since the fees were introduced.

“The Government is not above the law, but when ministers introduced fees they were disregarding laws many centuries old, and showing little concern for employees seeking justice following illegal treatment at work,” Unison general secretary Dave Prentis said. "These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up.

"We'll never know how many people missed out because they couldn't afford the expense of fees."

The Supreme Court also found that the tribunal fees were indirectly discriminatory because a higher proportion of women would bring discrimination cases.

“This is a massive win for working people. Congratulations to UNISON for doggedly pursuing this case,” Trades Union Congress General Secretary Frances O’Grady said. “The result shows the value of working people standing together in trade unions. Too many low-paid workers couldn’t afford to uphold their rights at work, even when they’ve faced harassment or have been sacked unfairly.”

“Tribunal fees have been a bonanza for bad bosses, giving them free rein to mistreat staff. Any fees paid so far should be refunded as soon as possible,” O’Grady said.

Recrruitment and Employment Confederation Chief Executive Kevin Green also commented, “Fair treatment at work and equal access to justice is the foundation of a modern, successful labour market. The government needs to think again about its management of the tribunal system. As we predicted at the time, the imposition of these fees deterred too many people from seeking redress against bad corporate behaviour. However, Ministers must keep in mind that the system wasn’t perfect before and that significant backlogs of cases and too many vexatious claims caused unjust delays for legitimate complainants. They need to strike a balance where workers’ rights are protected and compliant businesses are not burdened by having to address spurious cases.”

Justice minister Dominic Raab stated that the government would cease taking fees for employment tribunals immediately and start processing reimbursements for claimants, dating back to 2013.