In the first interim hearing concerning the legal challenge to the introduction of tribunal fees, the Court of Session in Scotland yesterday refused to grant an injunction to delay the fees coming into force in Scotland. Unless the English courts reach a different decision in the challenge brought by trade union Unison, we can expect tribunal fees to be introduced in England and Wales on 29 July 2013 as planned.
For those opposed to the introduction of tribunal fees the Court of Session’s decision is not viewed as a defeat. The Court did at least confirm that there was an arguable case that fees could be unlawful and only refused to delay their introduction after the Government gave assurances that if, at the final hearing, fees are found to be unlawful any fees paid will be refunded with interest. We will have to wait and see whether the Government feels compelled to give similar assurances in the Unison case.